L    B 


IRLF 


School  Laws 


OF  THE  STATE  OF 

MISSISSIPPI 


ENACTED  BY  THE  LEGISLATURE 


W.  F.  BOND 

Slate  Superintendent  of  Education 
1922 


GIFT  OF 


SCHOOL  LAWS 


OF  THE 


STATE  OF\MISSISSIPPI 


W.  F.  BOND 

State  Superintendent  of  Education 

1922 


The   Issue  Print,  Jackson,   Mis 


•^ 


Biographical  Sketches  of  State  Superinten- 
dents of  Education 

Prepared  bij  JAS.  W.  BROOM, 
Assistant  State  Supt  of  Education^  (fl 

The  first  State  Superintendent  of  Education  was 
HENRY  R.  PEASE.  He  was  born  in  Connecticut,  February 
19th,  1835.  After  receiving  a  liberal  education  he  taught 
for  eleven  years.  He  entered  the  Union  Army  as  a  private 
and  rose  to  the  rank  of  Captain.  Mr.  Pease  served  as 
Superintendent  of  Education  in  Louisiana  while  that  State 
was  under  military  rule,  and  later  was  appointed  Superin- 
tendent of  Education  of  Freedmen  in  Mississippi.  He  was 
elected  Superintendent  of  Education  on  the  ticket  with  Al- 
corn  in  1869,  and  upon  him  devolved  the  duty  of  organizing 
the  system  of  free  schools.  His  competency  was  never 
questioned,  but  he  failed  to  satisfy  the  demands  of  the  col- 
ored race  for  office,  and  was  set  aside.  He  afterwards 
served  in  the  United  States  Senate  for  a  short  time. 

The  successor  of  Mr.  Pease  was  THOMAS  W.  CARDOZA, 
a  negro,  who,  at  the  time  of  his  election  in  1873,  was  under 
indictment  for  malfeasance  in  office  while  circuit  clerk  in 
Warren  County.  In  1876,  on  account  of  misappropriation 
of  school  funds,  he  was  impeached,  but  was  allowed  to  re- 
sign. 

Governor  Stone  appointed  as  Cardoza's  successor 
THOMAS  S.  GATHRIGHT.  Mr.  Gathright.  was  educated  at 
Tutwiler,  Alabama,  and  at  the  time  of  his  appointment  as 
State  Superintendent,  was  principal  of  the  Somerville  In- 
stitute, Gholsen,  Noxubee  County,  Mississippi.  Senator  A. 
J.  McLaurin,  Dr.  A.  G.  McLaurin,  Judge  John  Enochs,  D. 
M.  Mayers,  and  many  other  prominent  Mississippians,  at- 
tended this  Institute.  Superintendent  Gathright  was  not 
a  candidate  for  re-election  and  immediately  following  the 
expiration  of  his  term  of  office,  accepted  the  presidency  of 
the  Agricultural  and  Mechanical  College  at  Bryan,  Texas, 
which  position  he  held  with  credit  until  his  death. 


BIOGRAPHICAL  SKETCHES  3 

The  fourth  man  to  hold  the  office  of  State  Superin- 
tendent of  Education  was  DR.  JOSEPH  BARDWELL.  He  was 
born  in  Hereford  County,  North  Carolina,  in  1828.  When 
he  was  only  three  or  four  years  old,  his  father  moved  to  Ok- 
tibbeha  County,  Mississippi.  After  attending  school  at 
Viney  Grove  Academy,  Lincoln,  County,  Tennessee,  and 
later  at  Louisville,  Mississippi,  he  entered  the  College  of 
New  Jersey,  at  Princeton,  and  was  graduated  in  1847.  Dr. 
Bardwell  was  licensed  and  ordained  to  preach  at  Philadel- 
phia, Mississippi,  in  1853,  and  at  the  time  he  became  State 
Superintendent  of  Education,  he  was  pastor  of  the  First 
Presbyterian  Church  at  Meridian.  He  was  Moderator  of 
the  Synod  of  Mississippi  in  1881,  became  a  member  of  the 
Faculty  of  the  Southern  Presbyterian  University  in  1888, 
and  in  1892,  president  of  Florence  Female  College,  at  Flor- 
ence, Alabama.  After  a  career  of  singular  usefulness,  Dr. 
Bardwell  died  at  Starkville,  Mississippi,  Sept.  22nd,  1893. 

In  January,  1878,  GENERAL  JAMES  ARGYLE  SMITH  be- 
came State  Superintendent  of  Education.  General  Smith 
was  a  native  of  Tennessee  ,  and  was  appointed  to  the  United 
States  Military  Academy  from  Mississippi  in  1849.  After 
his  graduation  from  the  Academy,  he  was  on  duty  with  the 
United  States  Army  in  the  West  until  1861,  when  he  resign- 
ed to  accept  a  commission  as  Captain  in  the  Confederate 
Army.  He  was  a  gallant  soldier  and  won  rapid  promotion. 
When  General  Cleburne  was  killed  at  Franklin,  Tennessee, 
Smith  succeeded  to  the  command  of  his  division.  After  the 
war  he  returned  to  Mississippi  and  engaged  in  farming  un- 
til elected  Superintendent  of  Education  for  the  State. 

JAMES  R.  PRESTON  was  born  in  Virginia,  January 
22nd,  1853.  He  was  educated  at  Georgetown  University 
and  at  Emory  and  Henry  College,  Virginia,  and  after  teach- 
ing one  year  each  in  Tennessee  and  Indiana,  moved  to  Mis- 
sissippi in  1875.  He  taught  in  Noxubee  County,  at  Oko- 
lona,  and  dt  Water  Valley.  He  was  elected  Superintendent 
in  1885,  and  served  until  1896.  His  administration  of  of- 
fice was  distinguished  by  many  reforms  in  method  and  by  a 
general  increase  in  interest  in  educational  work — among 
other  things  he  introduced  uniform  written  examinations 
for  teachers,  and  also  secured  the  passage  of  laws  requir- 
ing County  Superintendents  to  inspect  schools  and  arrange 
and  manage  institutes  for  teachers.  Upon  retiring  to  pri- 


525:177 


4  BIOGRAPHICAL  SKETCHES 

vate  life,  Mr.  Preston  studied  at  Edinburgh,  Scotland,  and 
later  was  President  of  Stanton  College,  Natchez,  Mississip- 
pi, and  Belhaven  College,  Jackson,  Mississippi. 

ANDREW  A.  KINCANNON  was  born  in  Noxubee  County 
and  attended  school  in  Lee  County.  From  Verona  High 
School  he  went  to  the  State  University.  Later,  he  went  to 
Lebanon,  Ohio,  to  the  Normal  University.  He  served  as  a 
member  of  the  A.  &  M.  College  Faculty,  and  was  later  Su- 
perintendent of  City  Schools  at  Meridian.  He  was  elected 
State  Superintendent  in  1895.  Under  his  direction  the 
State  Board  of  Examiners  was  created.  He  became  Presi- 
dent of  I.  I.  &  C.  in  1898,  in  which  position  he  remained  un- 
til 1907,  when  he  was  elected  to  and  accepted  the  Chancellor- 
ship of  the  University  of  Mississippi.  Mr.  Kincannon  is 
at  present  president  of  the  West  Tennessee  Normal  School. 

Governor  McLaurin  appointed  as  Mr.  Kincannon's  suc- 
cessor HENRY  L.  WHITFIELD.  Mr.  Whitf ield  was  born  near 
Brandon,  Mississippi,  January  20th,  1868.  He  attended 
Fannin'High  School,  Rankin  County,  under  Dr.  L.  T.  Fitz- 
hugh,  and  later  Mississippi  College,  from  which  institution 
he  was  graduated  in  1894.  He  was  Principal  of  School  at 
Westville,  and  at  Steen's  Creek.  He  became  State  Super- 
intendent of  Education  in  1898,  was  elected  in  1899,  and  re- 
elected  in  1903.  In  1907  Mr.  Whitfield  was  elected  Presi- 
dent of  M.  S.  C.  W. 

JOSEPH  NEELY  POWERS  was  born  March  15th,  1869,  at 
Havana,  Hall  County,  Alabama.  His  father  was  a  pioneer 
Methodist  preacher,  and  was  Chaplain  in  the  Confederate 
Army.  Mr.  Powers  attended  County  School  at  Bladen, 
Alabama,  and  also  Livingston  Academy  and  Tuskegee  Mili- 
tary University.  He  began  his  collegiate  course  at  South- 
ern University,  and  later  studied  at  University  of  Chicago, 
receiving  the  M.  A.  degree.  He  was  Superintendent  of 
City  Schools  at  West  Point,  Mississippi,  when  Governor 
Vardaman  appointed  him  State  Superintendent  of  Educa- 
tion, and  later  elected  by  the  people.  Mr.  Powers  was  elect- 
ed Chancellor  of  the  State  University  in  1914. 

WILLIAM  H.  SMITH,  "Corn  Club"  Smith,  was  born 
near  Vernon,  Lamar  County,  Alabama,  in  1866.  He  ob- 
tained his  early  education  in  Lamar  County,  Alabama,  and 
in  Clay  County,  Mississippi.  He  received  his  high  school 
training  at  Cairo,  Mississippi,  under  W.  A.  Belk.  Later, 


BIOGRAPHICAL  SKETCHES  5 

he  entered  the  luka  Normal  Institute  and  was  graduated  in 
1889.  Mr.  Smith  taught  at  Ackerman,  Eupora,  and  Du- 
rant,  and  served  as  County  Superintendent  in  Holmes 
County,  from  1906  to  1910,  and  was  the  originator  of 
Boys'  Corn  Club  Work  in  Mississippi.  In  1910  he  became 
State  Rural  School  Supervisor.  He  was  appointed  State 
Superintendent  of  Education  in  September,  1914,  was  elect- 
ed in  1915,  and  was  made  President  of  A.  &  M.  College  In 
1916. 

W.  F.  BOND,  the  present  incumbent  of  the  office  of 
State  Superintendent  of  Education,  is  a  native  of  Missis- 
sippi, having  been  born  in  the  rural  districts  of  Harrison 
County,  February  22nd,  1876.  He  was  appointed  to  the 
State  Superintendency  by  Governor  T.  G.  Bilbo  September 
15th,  1916.  After  acquiring  a  common  school  education, 
and  after  teaching  in  the  rural  public  schools  for  a  period 
of  five  years,  he  matriculated  in  Peabody  College,  Nashville, 
Tennessee,  where  after  a  course  of  study  extending  through 
four  years  he  was  graduated  with  a  degree  of  Bachelor  of 
Arts.  On  completing  his  college  course,  he  returned  to  his 
native  State,  and  served  as  teacher  in  various  capacities, 
conspicuous  positions  held  by  him  being  the  principalship 
of  the  High  School  at  Wiggins,  Mississippi,  and  the  Chair 
of  History  and  Latin  in  the  Mississippi  Normal  College. 
The  latter  place  he  filled  most  acceptably  for  four  years, 
and  it  was  from  this  position  that  he  was  elevated  to  the 
State  Superintendency  of  Public  Education.  With  little  or 
no  resources  at  his  command  and  against  adverse  circum- 
stances of  formidable  character,  he  has  by  dint  of  unremit- 
ting endeavor  and  will  power,  forged  his  way  from  an  ob- 
scure beginning  to  a  position  of  importance  and  leadership. 
During  his  six  years'  tenure  of  this  office,  he  has  shown  an 
unusual  grasp  of  the  State  educational  system ;  and  by  bet- 
ter organization  and  administrative  methods,  he  hopes  to 
make  the  common  schools  more  effective  and  to  bring  them 
to  a  larger  service  of  the  people.  His  ambition  is  to  have 
a  first  class  public  school  in  every  community  and  to  carry 
high  school  advantages  to  all  the  boys  and  girls  of  the  com- 
monwealth. As  State  Superintendent  of  Education,  he  is 
ex  officio  a  member  of  the  Board  of  Trustees  of  all  the  State 
Colleges,  whereon  he  serves  with  ability  and  strives  in  ev- 
ery laudable  way  to  promote  higher  education  in  the  State 
and  thus  to  round  out  a  continuous  and  harmonious  system 
of  public  education. 


6  STATE  OFFICERS 

STATE  OFFICERS  1920-21-22-23 

LEE  M.  RUSSELL Governor 

H.  H.  CASTEEL Lieutenant  Governor 

Jos.  W.  POWER Secretary  of  State 

FRANK  ROBERSON Attorney  General 

DR.  WM.  M.  MURRY : Treasurer 

W.  J.  MILLER Auditor  Public  Accounts 

W.  F.  BOND State  Superintendent  of  Education 

T.  M.  HENRY Insurance  Commissioner 

WM.  J.  BUCK Supreme  Court  Clerk 

R.  D.  MOORE Land  Commissioner 

STOKES  V.  ROBERTSON Revenue  Agent 

P.  P.  GARNER .Commissioner  of  Agriculture 

BRICE  ALEXANDER R.  R.  Commissioner — 1st  District 

C.  M.  MORGAN R.  R.  Commissioner — 2nd  District 

W.  B.  WILSON R.  R.  Commissioner — 3rd  District 

W.  A.  MONTGOMERY , Prison  Trustee 1st  District 

J.  F.  THAMES Prison  Trustee— 2nd  District 

L.  Q.  STONE Prison  Trustee— 3rd  District 

E.  F.  ANDERSON Bank  Examiner — 1st  District 

J.  B.  SALMOND :Bank  Examiner — 2nd  District 

S.  W.  WARDLAW Bank  Examiner — 3rd  District 

F.  R.  BlRDSALL Tax  Commissioner — 1st  District 

THAD  W.  JORDAN Tax  Commissioner — 2nd  District 

DUNCAN  L.  THOMPSON Tax  Commissioner — 3rd  District 

ERIE  C.  SCALES Adjutant  General 

MRS.  W.  F.  MARSHALL State  Librarian 

DR.  DUNBAR  RowLAND..Director  Dept.  Archives  and  History 


SUPREME  COURT  JUDGES. 

1st  District — SYDNEY  SMITH  (Chief  Justice) Jackson 

1st    District — GEO.  H.  ETHRIDGE Jackson 

2nd  District — JOHN  BURTON  HOLDEN Jackson 

2nd  District — W.  H.  COOK Jackson 

3rd  District — EUGENE  OCTAVE  SYKES Jackson 

3rd  District — W.  D.  ANDERSON....  Jackson 


STATE  DEPARTMENT  OF  EDUCATION. 

W.  F.  BOND Superintendent 

Miss  IVY  HICKS Secretary 


STATE  OFFICERS  7 

J.  W.  BROOM Assistant  Superintendent 

MRS.  J.  W.  BROOM Chief  Clerk 

EM.   SHELTON Secretary 

J.  T.  CALHOUN .Supervisor  Rural  Schools 

BURA  HILBUN .Supervisor  Negro  Schools 

Miss  MARY  BETSY  MALTBY Secretary 

H.  M.  IVY Supervisor  High  Schools 

MRS.  G.  M.  SAMPLE Secretary 

F.  J.  HUBBARD Director  Vocational  Education 

D.  L.  WILLIAMS Supervisor  Vocational  Agriculture 

P.  E.  EASOM Supervisor  Vocational  Agriculture 

SAM  E.  WOODS Supervisor  Industrial  Rehabilitation 

MRS.  MARY  S.  BAKER Supervisor  Industrial  Rehabilitation 

Miss  GUYTON  TEAGUE Supervisor  Home  Economics  Edu. 

Miss  MARY  HARPER .Secretary 

MRS.  C.  H.  McCALL Secretary 


STATE  BOARD  OF  EDUCATION. 

W.  F.  BOND  ..  Superintendent 

Jos.  W.  POWER Secretary  of  State 

FRAN K  ROBERSON Attorney  General 

A.  G.  GAINEY Executive  Secretary 

Miss  ANABEL  POWER .Stenographer 


STATE  BOARD  OF  EXAMINERS. 

0.  A.  SHAW,  B.  T.  SCHUMPERT, 

G.  W.  HUDDLESTON,  President 
MRS.  SUSIE  BOND,  Secretary. 


TRUSTEES  OF 

UNIVERSITY  OF  MISSISSIPPI,    MISSISSIPPI    STATE 
COLLEGE    FOR   WOMEN,   ARICULTURAL   AND    ME- 
CHANICAL   COLLEGE,    AND    THE    ALCORN    AGRI- 
CULTURAL AND  MECHANICAL  COLLEGE. 

GOVERNOR  LEE  M.  RUSSELL,  President Jackson 

W.  F.  BOND,  State  Supt.  of  Education _ Jackson 

A.  B.  SCHAUBER,  Secretary Laurel 

MRS.  ANNA  ABBOTT  MCNAIR Fayette 

BEE  KING Mendenhall 

A.  A.  COHN Brookhaven 

JOHN  W.  T.  FALKNER,  JR Oxford 

J.  S.  HOWERTON Guntown 

W.  C.  TROTTER Winona 

J.  R.  TIPTON  (University  only) Hernando 


8  STATE  OFFICERS 

TRUSTEES  STATE  NORMAL  COLLEGE. 

GOVERNOR  LEE  M.  RUSSELL,  President Jackson 

W.  F.  BOND,  State  Supt.  of  Education Jackson 

DR.  J.  D.  DONALD Hattiesburg 

FRED  B.  SMITH        Ripley 

J.  J.  LEE Magnolia 

J.  F.  BURROW Ruleville 

R.  E.  L.  SUTHERLAND Raymond 

J.  LEM  SEAWRIGHT Ackerman 

T.  W.  HARRIS Columbus 

L.  P.  BROWN ....Meridian 


PRESIDENTS  OF  STATE  INSTITUTIONS. 

J.  N.  POWERS,  Oxford University  of  Mississippi 

D.  C.  HULL,  Agricultural  College 

Agricultural  and  Mechanical  College 

J.  C.  FANT,  Columbus Mississippi  State  College  for  Women 

JOE  COOK,  Hattiesburg State  Normal  College 

L.  J.  ROWAN,  Alcorn 

Alcorn  Agricultural  and  Mechanical  College 


MISSISSIPPI  TEXT  BOOK  COMMISSION. 

SUPERINTENDENT  W.  F.  BOND,  ex  officio Jackson 

R.  E.  L.  SUTHERLAND,  Secretary Raymond 

0.  A.  SHAW University 

T.  A.  SEWELL Liberty 

H.  L.  SIMMONS Scooba 

DAN  KEEL  Richton 

R.  C.  MORRIS Starkville 

E.  S.  SAMUELS Lafayette  Springs 

E.  B.  ALLEN....  ....Ruleville 


MISSISSIPPI   AGRICULTURAL   HIGH   SCHOOL 
BOOK  COMMISSION 

SUPERINTENDENT  W.  F.  BOND,  ex  officio Jackson 

C.  L.  NEILL,  Secretary Ellisville 

J.  G.  CHASTAIN Eupora 

J.  S.  VANDIVER Moorhead 

W.  D.  GOOCH....  Olive  Branch 


MISSISSIPPI  COUNTY  SUPERINTENDENTS  9 

MISSISSIPPI  COUNTY  SUPERINTENDENTS 
COUNTY  SUPERINTENDENT  ADDRESS 

Adams  Josephine  Fitts  Natchez 

Alcorn  W.  F.  Seago  Corinth 

Amite  I.  N.  Steele  Liberty 

Attala F.   R.  McKinnon Kosciusko 

Benton  W.   T.   Renz'ck Ashlanu 

Bolivar A.  K.  Eckles Cleveland 

Calhoun  _H.  W.  Hannaford  Ptttsboro 

Carroll  D.  D.  Fullilcve Vaiden 

Chickasaw  Geo.  D.  Riley  Houston 

Choctaw  C.   J.   Murphy  Ackerman 

Clai borne  C.  A.  McAmis „ Port  Gibson 

Clarke I.  R.  Brock  Quitman 

Clay  _S.  H.  Walker West  Point 

Coahoma  P.  F.  Williams .....Friars  Point 

Copiah I.  Q.  Martin .'. Hazlehurst 

Covington  Alex  Newton  Collins 

DeSoto  R.  E.  L.  Morgan Hernando 

Forrest J.  C.  Gay Hattiesburg 

Franklin   B.  H.  Lewis  Meadville 

George  W.  H.  Stinson Lucedale 

Greene  E .  L.  Turner Leakes ville 

Grenada  M.  McKibben Grenada 

Hancock  T.  E.  Kellar Bay  St.  Louis 

Harrison  _R.  V.  Temming Gulfport 

Hinds  -F.   M.   Coleman Jackson 

Holmes    G.  H.  Love Lexington 

Humphreys  _JT.  D.  Rice Belzpni 

Issaquena -George  Robinson  Mayersville 

Itawamba H.  L.  Gillespie  „ Fulton 

Jackson A.  L.  Flurry Pascagpula 

Jasper J.  Q.  Ritchie - Bay  Springs 

Jefferson  .„ _M.  C.  Harper  Fayette 

Jefferson  Davis G.  L.  Martin Prentiss 

Jones  _C.  W.  Jenkins  Laurel 

Kemper  _W.  W.  Shepard DeKalb 

Lafayette  _H.  T.  Smith Oxford 

iLamar  . L.  T.  Williamson Purvis 

Lauderdale 1J.  A.  Riddell  Meridian 

Lawrence _W.  L.  McGahey Monticello 

Leake  _C.  K.  Waggoner Carthage 

Lee  JR.  A.  Gregory Tupelo 


10  MISSISSIPPI  COUNTY  SUPERINTENDENTS 

COUNTY  SUPERINTENDENT  ADDRESS 

Leflore  L.  S.  Rogers Greenwood 

Lincoln  L.  P.  May Brook'haven 

Lowndes E.  A.  Stanley Columbus 

Madison  R.  E.  Hinton  Canton 

Marion  H.  F.  Patterson  Columbia 

Marshall. C.  H.  Curd Holly  Springs 

Monroe ~H.  G.  Howell Aberdeen 

Montgomery  .L.  E.  Townsend Winona 

Neshoba R.  C.  Peebles Philadelphia 

Newton E.  H.  Reynolds Decatur 

Noxubee J.  G.  Chandler Macon 

Oktibbeiha ~C.  E.  Scroggins  Starkville 

Panola  J.  E.  Johnson Batesville 

Pearl  River -C.  E.  Bass  Poplarville 

Perry L.  D.  Young New  Augusta 

Pike   -S.  W.  Simmons Magnolia 

Pontotoc W.  C.  Henry Pontotoc 

Prentiss  -J.  W.  Taylor Booneville 

Quitman -F.  M.  Bizzell Marks 

Rankin  -H.  P.  Barksdale Brandon 

Scott  -0.  D.  Loper .7. Forest 

Sharkey  -J.  N.  Hall Rolling  Fork 

Simpson    -T.  A.  Williamson Mendenhall 

Smith Allen  Caughman Raleigh 

Stone  Buren  Broadus  Wiggins 

Sunflower  W.  P.  Sanders Indianola 

Tallahatchie  J.  W.  McCulloch  Charleston 

Tate  Ira  G.  Allen  .Senatobia 

Tippah  ..J.  E.  Pearce Ripley 

Tishomingo  -J.  0.  Epps luka 

Tunica  ! W.  G.  Jaquess Tunica 

Union  -E.  Blizzard  New  Albany 

Walthall  _J.  J.  Lee Tylertown 

Warren J.   H.    Culkin Vicksburg 

Washington  ..B .  L.  Hatch ..Greenville 

Wayne J.  M.  Wilkins Waynesboro 

Webster  Z.   V.   Sugg Walthall 

Wilkinson J.  C.  Day Woodville 

Winston  «E.  C.  Lovern  Louisville 

Yalobusha  C.  A.  Lawshe Water  Valley 

Yazoo  T.  J.  White ....Yazoo  City 


CONSTITUTION  OF  MISSISSIPPI  11 


Constitution  of  Mississippi 


ARTICLE  VII. 
Education. 

Section  201.  It  shall  be  the  duty  of  the  legislature  to  en- 
courage, by  all  suitable  means,  the  promotion  of  intellectual, 
scientific,  moral  and  agricultural  improvement,  by  establish- 
ing a  uniform  system  of  free  public  schools,  by  taxation,  or 
otherwise,  for  all  children  between  the  ages  of  five  and 
twenty-one  years,  and,  as  soon  as  practical,  to  establish 
schools  of  higher  grade. 

Sec.  202.  There  shall  be  a  superintendent  of  public  edu- 
cation elected  at  the  same  time  and  in  the  same  manner  as 
the  governor,  who  shall  have  the  qualifications  required  of 
the  secretary  of  state,  and  hold  his  office  for  four  years  and 
until  his  successor  shall  be  elected  and  qualified,  who  shall 
have  the  general  supervision  of  the  common  schools,  and  of 
the  educational  interests  of  the  state,  and  who  shall  perform 
such  other  duties  and  receive  such  compensation  as  shall  be 
prescribed  by  law. 

Sec.  203.  There  shall  be  a  board  of  education,  consisting 
of  the  secretary  of  state,  the  attorney-general,  amd  the  su- 
perintendent of  public  education,  for  the  management  and 
investment  of  the  schoool  funds,  according  to  law  ,  and  for 
the  performance  of  such  other  duties  as  may  be  prescribed. 
The  superintendent  and  one  other  of  said  board  shall  con- 
stitute a  quorum. 

Sec.  204.  There  shall  be  a  superintendent  of  public  edu- 
cation in  each  county,  who  shall  be  appointed  by  the  board 
of  education  by  and  with  the  advice  and  consent  of  the  sen- 
ate, whose  term  of  office  shall  be  four  years,  and  whose 
qualifications,  compensation  and  duties  shall  be  prescribed 
by  law;  provided,  that  the  legislature  shall  have  power  to 
make  the  office  of  county  superintendent  of  the  several 
counties  elective,  or  may  otherwise  provide  for  the  dis- 
charge of  the  duties  of  county  superintendent,  or  abolish 
said  office. 


12  CONSTITUTION  OF  MISSISSIPPI 

Sec.  205.  A  public  school  shall  be  maintained  in  each 
school  district  in  the  county  at  least  four  months  during  each 
scholastic  year.  A  school  district  neglecting  to  maintain  its 
school  four  months,  shall  be  entitled  to  only  such  part  of  the 
free  school  fund  as  may  be  required  to  pay  the  teacher  for 
the  time  actually  taught. 

Sec.  206.  There  shall  be  a  county  common  school  fund, 
which  shall  consist  of  the  poll-tax,  to  be  retained  in  the 
county  where  the  same  is  collected,  and  a  state  common 
school  fund,  to  be  taken  from  the  general  fund  in  the  state 
treasury,  which  together  shall  be  sufficient  to  maintain  the 
common  schools  for  the  term  of  four  months  in  each  scholas- 
tic year.  But  any  county  or  separate  school  district  may 
levy  an  additional  tax  to  maintain  its  schools  for  a  longer 
time  than  the  term  of  four  months.  The  state  common 
school  fund  shall  be  distributed  among  the  several  counties 
and  separate  school  districts  in  proportion  to  the  number 
of  educable  children  in  each,  to  be  determined  from  data 
collected  through  the  office  of  the  State  Superintendent  of 
Education  in  the  manner  to  be  prescribed  by  law. 

But  the  legislature  shall  have  power  to  make  an  additional 
appropriation  to  be  disbursed  by  the  State  Board  of  Educa- 
tion in  such  manner  as  to  equalize  school  terms  throughout 
the  state. 

Sec.  207.  Separate  schools  shall  be  maintained  for  child- 
ren of  the  white  and  colored  races. 

Sec.  208.  No  religious  or  other  sect,  or  sects,  shall  ever 
control  any  part  of  the  school  or  other  educational  funds  of 
this  state ;  nor  shall  any  funds  be  appropriated  toward  the 
support  of  any  sectarian  school,  or  to  any  school  that  at  the 
time  of  receiving  such  appropriation  is  not  conducted  as  a 
free  school. 

Sec.  209.  It  shall  be  the  duty  of  the  legislature  to  provide 
by  law  for  the  support  of  institutions  for  the  education  of 
the  deaf,  dumb,  and  blind. 

Sec.  210.  No  public  officer  of  this  state,  or  of  any  dis- 
trict, county,  city  or  town  thereof,  nor  any  teacher  or  trus- 


CONSTITUTION  OF  MISSISSIPPI  13 

tee  of  any  public  school,  shall  be  interested  in  the  sale,  pro- 
ceeds or  profits  of  any  books,  apparatus  or  furniture  to  be 
used,  in  any  public  school  in  this  state  Penalties  shall  be 
provided  by  law  for  the  violation  of  this  section. 

Sec.  211.  The  legislature  shall  enact  such  laws  as  may  be 
necessary  to  ascertain  the  true  condition  of  the  title  to  the 
sixteenth  sections  of  land  in  this  state,  or  land  granted  in 
lieu  thereof,  in  the  Choctaw  purchase,  and  shall  provide  that 
the  sixteenth  section  lands  reserved  for  the  support  of  town- 
ship schools  shall  not  be  sold,  nor  shall  they  be  leased  for  a 
longer  term  than  ten  years  for  a  gross  sum ;  but  the  legisla- 
ture may  provide  for  the  lease  of  any  of  said  lands  for  term 
not  exceeding  twenty-five  years  for  a  ground  rental,  pay- 
able annually,  and  in  case  of  uncleared  lands  may  lease  them 
for  such  short  term  as  may  be  deemed  proper  in  considera- 
tion of  the  improvement  thereof  with  right  thereafter  to 
lease  for  a  term  or  to  hold  on  payment  of  ground  rent. 

Sec.  212.  The  rate  of  interest  on  the  fund  known  as  the 
Chickasaw  school  fund,  and  other  trust  funds  for  education- 
al purposes,  for  which  the  state  is  responsible,  shall  be  fixed 
and  remain  as  long  as  said  funds  are  held  by  the  state  at  six 
per  centum  per  annum  from  and  after  the  close  of  the  fiscal 
year  A.  D.  1891,  and  the  distribution  of  said  interest  shall 
be  made  semi-annually  on  the  first  of  May  and  November  of 
each  year. 

Sec.  213.  The  state  having  received  and  appropriated 
the  land  donated  to  it,  for  the  support  of  agricultural  and 
mechanical  colleges,  by  the  United  States,  and  having,  in 
furtherance  of  the  beneficent  design  of  Congress  in  grant- 
ing said  land,  established  the  agricultural  and  mechanical 
college  of  Mississippi,  and  the  Alcorn  agricultural  and  me- 
chanical college,  it  is  the  duty  of  the  state  to  sacredly  carry 
out  the  conditions  of  the  act  of  Congress  upon  the  subject, 
approved  July  2,  A.  D.  1862,  and  the  legislature  shall  pre- 
serve intact  the  endowments  to,  and  support,  said  colleges. 

CHAPTER  21. 
HOUSE  BILL  No.  279. 

AN  ACT  to  appropriate  money  for  the  maintenance  of  the  public 
schools  of  the  state  of  Mississippi  for  the  calendar  years  of  1922 
and  1923. 

Common  schools — appropriation  for  support  of. 

Section  1.     Be  it  enacted  by  the  Legislature  of  the  State 


14  SCHOOL  LAWS  OF  MISSISSIPPI 

of  Mississippi,  That  the  sum  of  two  million  one  hundred 
fourteen  thousand  five  hundred  thirty  five  'dollars  ($2,114,- 
535.00)  be,  and  the  same  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  for 
the  support  and  maintenance  of  the  public  schools  of  the 
state  of  Mississippi  for  each  of  the  calendar  years  1922  and 
1923. 

Equalizing  Fund — how  to  be  disbursed. 

Sec.  2.  That  the  additional  sum  of  one  million  two 
hundred  sixty  eight  thousand  and  seven  'hundred  twenty 
one  dollars  ($1,268,721.00)  be,  and  the  same  is  hereby  ap- 
propriated out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  for  the  support  and  maintenance  of  the 
public  schools  of  the  state  of  Mississippi  for  each  of  the 
calendar  years  of  1922  and  1923,  which  sum  shall  be  dis- 
bursed by  the  state  board  of  education,  consisting  of  the 
state  superintendent  of  education,  secretary  of  state,  and 
the  attorney  general,  in  such  a  manner  as  to  equalize  public 
school  terms  as  nearly  as  possible  throughout  the  state  in 
accordance  with  the  following  conditions : 

(a)  In    equalizing    school    terms,    teachers  salaries 
shall  also  be  equalized,  grade  of  license  held,  competency 
of  the  teacher  and  living  conditions  being  taken  into  con- 
sideration. 

(b)  County  and  district    school    levies    shall  not  be 
counted  against  any  county  or  district  in  the  disbursing  of 
this  fund. 

(c)  The  state  board  of  education  shall  apportion  the 
fund  provided  for  in  this  act  semi-annually  to  the  several 
counties  and  separate  school  districts,  the  auditor  being 
furnished  with  a  certified  copy  of  the  apportionment  to  be 
used  by  him  in  makng  out  the  warrants  on  this  fund  in 
favor  of  the  county  treasurers  and  treasurers  of  separate 
school  districts.     Certified    copies    of    the  apportionment 
shall  also  be  sent  by  the  state  superintendent  to  the  state 
treasurer,  the  superintendent    of    public  education  of  each 
county,  each  county  treasurer  and  the  treasurer  of  each 
separate  school  idistrict. 


SCHOOL  LAWlS  OF  MISSISSIPPI  15 

(d)  The  manner  in  which  this  fund  has  been  dis- 
bursed shall  be  included  in  the  biennial  report  of  the  state 
superintendent  of  education  to  the  legislature. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  13,  1922. 

CHAPTER  22. 
HOUSE  BILL  No.  287. 

AN  ACT  to  appropriate  money  for  the  aid  of  the  agricultural  high 
schools  of  the  state  of  Mississippi  for  the  scholastic  years  of 
1921-1922  and  1922-1923. 

Agricultural  high  schools — appropriation  to  aid. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  That  the  sum  of  three  hundred  and  fifty 
thousand  dollars  ($350,000.00)  be,  and  the  same  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated  for  the  aid  of  the  agricultural  high 
schools  for  the  scholastic  years  1921-1922  and  1922-1923. 
How  funds  to  be  paid  out. 

Sec.  2.  That  the  money  appropriated  by  this  act  shall 
be  paid  out  in  the  manner  prescribed  by  law ;  but  no  school 
shall  receive  money  herein  appropriated,  until  the  state 
superintendent  of  public  instruction  has  certified  that  such 
school  has  strictly  complied  with  the  law  in  teaching  prac- 
tical agricultural  and  domestic  science,  and  that  every  boy 
in  such  school  is  required  to  work  on  the  farm  at  least  one 
day  or  five  hours  in  each  week  and  that  every  girl  in  such 
school  is  required  to  work  one  day  or  five  hours  in  each 
week  in  domestic  science. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  April  6,  1922. 


16  SCHOOL  LAWS  OF  MISSISSIPPI 

CHAPTER  23. 
HOUSE  BILL  No.  289. 

AN  ACT  to  appropriate  money  for  the  support  of  summer  nor- 
mals. 

Summer  normals — appropriation  for. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  That  the  sum  of  five  thousand  dollars  ($5,- 
000.00),  for  the  year  1922  and  five  thousand  dollars  ($5,- 
000.00)  for  the  year  1923,  be  and  the  same  is  hereby  ap- 
propriated out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  for  the  support  of  summer  normals,  for 
the  said  years,  said  amounts  to  be  paid  out  by  the  state 
auditor  on  the  order  of  the  state  board  of  education. 

Sec.  2.  That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  March  8,  1922. 

CHAPTER  24. 
HOUSE  BILL  No.  360. 

AN  ACT  to  appropriate  money  for  the  support  of  vocational  educa- 
tion in  Mississippi  for  the  biennium  of  1922  and  1923. 

For  support  of  vocational  education. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  That  there  be  and  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury,  not  otherwise  ap- 
propriated, the  sum  of  one  hundred  and  ten  thousand  dollars 
($110,000.00)  for  the  biennium  of  1922  and  1923,  or  so 
much  thereof  as  may  be  necessary  for  expenditure  under  the 
supervision  of  the  state  board  for  vocational  education  in 
the  support  of  vocational  education  in  Mississippi  as  pro- 
vided for  by  law.The  balance  necessary  to  make  available 
the  full  amount  of  federal  money  allotted  to  Mississippi  to 
be  raised  by  the  schools  under  the  direction  of  the  educa- 
tional department. 

How  funds  to  be  paid  out. 

Sec.  2.  That  the  money  appropriated  by  this  act  shall 
be  paid  out  of  the  state  treasury  only  in  the  manner  pro- 
vided by  law. 


SCHOOL  LAWS  OF  MISSISSIPPI  17 

Sec.  3.  That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  March  30,  1922. 

CHAPTER  25. 
HOUSE  BILL  No.  799. 

AN  ACT  to  appropriate  money  for  the  support  of  vocational  reha- 
bilitation of  disabled  persons  in  Mississippi  for  the  years  1922 
and  1923. 

For  Vocational  rehabilitation  of  disabled  persons. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  That  there  be  and  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury,  not  otherwise  appropri- 
ated, the  sum  of  seventeen  thousand  nine  dollars  and  twen- 
tynseven  cents  ($17,009.27)  for  the  year  1922  and  the  sum 
of  seventeen  thousand  nine  dollars  and  twenty-seven  cents 
($17.009.27)  for  the  year  1923  or  so  much  thereof  as  may 
be  necessary  for  the  expenditure  under  the  supervision  of 
the  state  board  for  vocational  education  in  the  support  of 
vocational  rehabilitation  of  disabled  persons  in  Mississippi. 

How  funds  to  be  drawn. 

Sec.  2.  That  the  money  appropriated  by  this  act  shall 
be  paid  out  of  the  state  treasury  only  in  the  manner  pro- 
vided for  by  the  law. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  30,  1922. 

CHAPTER  26. 
HOUSE  BILL  No.  864. 

AN  ACT  to  appropriate  the  sum  of  ten  thousand  dollars  for  the  work 
of  sanitation,  hygiene,  industrial  work  and  supervision  of  negro 
rural  schools. 

Negro  rural  schools — industrial  work  for,  supervision,  etc. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  That  the  sum  of  ten  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary  for  the  year  1922,  and  ten 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary  for 


18  SCHOOL  LAWS  OF  MISSISSIPPI 

the  year  1923,  be  and  the  same  is  hereby  appropriated  out  of 
any  moneys  in  the  state  treasury  not  'Otherwise  appropri- 
ated, to  carry  out  the  provisions  of  chapter  56  of  the  laws 
of  1920,  providing  for  the  duties  of  a  supervisor  of  negro 
schools,  to  supervise  the  erection  of  school  industrial  work 
in  said  schools,  promoting  of  methods  in  personal  and 
community  hygiene  and  sanitation  and  as  leader  in  moral 
uplift  and  instruction  as  to  obedience  to  the  laws  of  the 
land. 

Salary  of  supervisor. 

Sec.  2.     The  salary  to  be  paid  such  supervisor  shall 
not  exceed  fifteen  hundred  dollars  ($1,500.00)  per  year. 

Sec.  3.     That  this  act  take  effect  and  be  in  force  from 
and  -after  its  passage. 

Approved  April  5,  1922. 


AGRICULTURAL  HIGH  SCHOOLS. 

CHAPTER  122. 
LAWS  1910. 

Sec.  3419  Hemingway's  Code. 

County  school  board  to  establish  county  agricultural 
high  schools. — 1.  The  county  school  board  in  each  county 
in  the  state  is  hereby  authorized  and  empowered  to  establish 
not  more  than  two  agricultural  high  schools  in  the  county, 
and  determine  their  location,  one  for  white  youths  exclusi- 
vely and  the  other  for  colored  youths  exclusively,  in  which 
instruction  shall  be  given  in  high  school  branches,  theo- 
retical and  practical  agriculture,  domestic  science,  and  in 
such  other  branches  as  the  board  may  'hereafter  provide 
for,  may  make  a  part  of  the  curriculum,  subject  to  review 
and  correction  by  the  State  Board  of  Education. 

If  only  one  school  be  established  at  first,  the  school 
board  shall  have  power  at  any  subsequent  time  to  establish 
an  additional  school  whenever  the  necessity  for  the  same 
shall  arise. 


SCHOOL  LAWS  OF  MISSISSIPPI  19 

School  Laws  of  the  State  of  Mississippi 

HOUSE  BILL  NUMBER  517. 

AN  ACT  to  amend  section  5  of  chapter  122  of  the  Laws  of  1910,  as 
amended  by  chapter  254  of  the  laws  of  1912,  as  amended  by 
chapter  193  of  the  laws  of  1916,  so  as  to  fix  the  amount  of 
state  aid  to  agricultural  high  school. 

To  amend  laws  as  to  establishment  and  equipment  and  maintenance 
of  county  agricultural  high  schools. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  5  of  chapter  122  of  the 
laws  of  1910,  as  amended  by  chapter  254  of  the  laws  of 
1912,  as  amended  by  chapter  193  of  the  laws  of  1916,  be  and 
the  same  is  amended  so  as  to  read  as  follows : 

When  the  state  superintendent  of  education  shall  have 
received  from  the  county  superintendent  of  education  of  any 
county  a  statement  showing  that  an  agricultural  high  school 
has  been  located  by  the  county  school  board ;  that  the  land,  as 
herein  provided,  has  been  acquired,  necessary  levy  made  by 
the  board  of  supervisors,  as  'heretofore  provided  for  in  this 
act,  and  suitabe  buldings  have  been  erected,  including  a 
boarding  department  where  not  less  than  forty  students 
may  have  dormitory  and  dinning  room  facilities,  then  the 
state  superintendent  shall  visit  such  school,  and  after 
thorough  inspecton  thereof  shall  make  a  full  and  complete 
report  of  said  inspection  to  the  state  board  of  education. 
Should  it  appear  to  the  state  board  of  education  that  it 
would  be  to  the  interest  of  the  state,  the  board  shall  draw 
an  order  on  the  auditor  in  favor  of  the  county  treasurer  or 
treasurers  for  the  sum  of  two  thousand  dollars  ($2,000.00) 
for  the  use  of  the  trustees  of  the  high  school  or  schools, 
and  the  auditor  shall  issue  his  warrant  annually  on  the 
treasurer  for  this  amount,  but  not  mo-re  than  two  fhousand 
dollars  ($2,000.00)  shall  be  paid  to  any  one  school  in  one 
year  for  agricultural  'high  school  purposes,  except  as  here- 
inafter provided. 

Amount  to  be  drawn  by  school. 

Provided,  however,  that  when  the  number  of  boarding 
students  shall  exceed  thirty  pupils,  the  school  shall  re- 
ceive three  thousand  dollars  ($3,000.00)  per  year,  and  if 
the  number  of  boarding  students  shall  exceed  forty-five, 


20  SCHOOL  LAWS  OF  MISSISSIPPI 

then  the  school  shall  draw  four  thousand  dollars  ($4.000.- 
00)  ;  and  if  the  number  exceeds  seventy-five,  then  the  said 
school  shall  draw  five  thousand  dollars  ($5,000.00)  an- 
nually. 

Provided,  that  no  aid  shall  be  given  an  agricultural 
high  school  until  the  state  board  of  education  has  approved 
the  plans  for  the  building  and  the  course  of  study  for  same. 
The  appropriation  from,  the  state  treasury  shall  be  made 
annually,  but  the  stato  aid  may  be  -withdrawn  at  any  time 
when  the  state  board  of  education  finds  that  a  school  is  not 
being  legally  conducted  for  the  purposes  for  which  this 
act  was  established. 

Sec.  2.  That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  February  25,  1920. 

HOUSE  BILL  NO.  516. 

AN  ACT  to  amend  section  2  of  Senate  Bill  No.  4,  chapter  122  of  the 
laws  of  1910,  entitled,  "An  Act  to  provide  for  the  establishment 
of  county  agricultural  high  schools,  to  provide  for  the  equip- 
ment and  maintenance  of  same,"  as  amended  by  House  Bill  No. 
479,  chapter  191  of  the  laws  of  1914,  entitled  "An  Act  to  amend 
section  2  of  Senate  Bill  No.  4,  chapter  122  of  the  laws  of  1910, 
entitled,  "An  Act  to  provide  for  the  establishment  of  agricul- 
tural high  schools  and  to  provide  for  the  equipment  and  main- 
tenance of  the  same  so  as  to  provide  for  an  election  against 
the  tax  levy  every  four  years,"  as  amended  by  House  Bill  No. 
84,  chapter  196  of  the  la\\s  of  1916,  entitled,  "An  Act  to  amend 
House  Bill  No.  479,  chapter  191  of  the  laws  of  1914,  entitled, 
"An  Act  to  amend  section  2  of  Senate  Bill  No.  4,  chapter  122 
of  the  laws  of  1910  so  as  to  make  it  unnecessary  to  hold  an 
election  against  the  tax  levy  for  an  agricultural  high  school  at 
any  time  when  an  average  of  more  than  thirty-five  (3'5)  pupils 
is  maintained  in  the  school,  "so  as  to  authorize  a  tax  levy  of 
not  exceeding  three  mills. 

Agricultural  high  schools;  tax  levy  for;  when  election  not  necessary. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Missisippi,  That  section  2  of  chapter  122  of  the 
laws  of  1910,  as  amended  by  chapter  191  of  the  laws  of 
1914,  as  amended  by  chapter  196  of  the  laws  of  1916,  be 
and  the  same  is  hereby  amended  so  as  to  read  as  follows : 


SCHOOL  LAWS  OF  MISSISSIPPI  21 

The  board  of  supervisors  of  any  county  where  an  agri- 
cultural high  school  shall  have  been  established  by  the 
school  board,  shall  levy  on  the  taxable  property  in  the 
county  at  the  time  the  annual  tax  levy  is  made  for  the  sup- 
port and  maintenance  of  said  school.  In  case  there  be  two 
agricultural  high  schools  in  any  county,  the  board  shall 
levy  a  separate  tax  for  the  support  of  each  school,  and  the 
taxes,  when  collected,  shall  only  be  used  for  the  support 
and  maintenance  of  the  particular  school  for  which  the  tax 
is  levied,  provided,  that  the  tax  levy  for  agricultural  high 
school  purposes  for  any  one  year  shall  not  exceed  three  (3) 
mills  for  each  school  established,  and  provided  further  that 
within  twenty  days  after  the  levy  has  been  made  twenty 
per  cent  of  the  qualified  electors  of  said  county  may  file 
with  the  clerk  of  the  board  of  supervisors  a  petition  asking 
that  the  tax  for  the  support  of  either  one  or  both  agricul- 
tural high  schools  be  not  levied,  then  the  question  shall  be 
submitted  to  an  election  of  the  qualified  electors  of  the 
county  within  thirty  days  after  the  next  meeting  of  the 
board  of  supervisors  after  the  filing  of  the  petition,  at 
which  election  said  electors  may  vote  against  the  tax 
levied  for  the  support  of  either  one  or  both  schools  and 
should  a  majority  of  the  votes  cast  be  against  the  tax  levied 
for  the  support  of  either  one  or  both  schools  then  the  levy 
of  the  board  for  the  support  of  that  school  or  both  schools,  as 
the  case  may  be,  shall  be  null  and  void,  and  the  tax  collector 
shall  refuse  to  collect  such  tax  so  voted  against ;  but  should  a 
majority  of  votes  be  for  the  tax  levied  in  support  of  either 
or  both  schools,  then  the  tax  collector  shall  proceed  to  collect 
the  tax  so  authorized  as  all  other  taxes  are  collected,  re- 
ceiveing  the  lawful  commission  for  such  collections.  The 
tax  collected  shall  be  deposited  with  county  treasurer,  to 
be  paid  out  by  him  on  the  order  of  the  board  of  trustees  for 
the  high  school  or  high  schools.  When  a  majority  of  the 
votes  be  for  the  tax  levied  in  support  of  either  or  both 
schools,  or  if  the  school  be  established  and  the  tax  levied 
without  an  election,  then  another  Election  shall  not  be  held 
for  the  purpose  of  voting  against  the  tax  levied  within  a 
period  of  four  years  from  the  date  of  said  election,  and  in 
no  case  shall  the  tax  levy  for  an  agricultural  high  school, 
which  maintains  an  average  boarding  patronage  of  thirty- 
five  pupils,  be  submitted  to  an  election. 


22  SCHOOL  LAWS  OF  MISSISSIPPI 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  26,  1920. 

HOUSE  BILL  NO.  508. 

AN  ACT  to  authorize  the  boards  of  supervisors  to  levy  a  tax  for  the 
building,  repair  and  equipment  of  agricultural  high  schools,  as 
well  as  the  purchase  of  suitable  lands  or  buildings,  or  both. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Missisippi,  That  boards  of  supervisors  are  hereby  autho- 
rized in  their  discretion  to  levy  on  the  taxable  property  in 
the  county  at  the  time  the  annual  tax  levy  is  made,  a  tax 
for  the  building,  repair,  and  equipment  of  agricultural  high 
schools,  as  well  as  the  purchase  of  suitable  lands  or  build- 
ings, or  both,  or  for  the  payment  of  debts  heretofore  created 
for  any  of  said  purposes,  not  to  exceed  three  mills ;  provided 
that  within  twenty  (20)  days  after  a  levy  has  been  made 
20  per  cent  of  the  qualified  electors  of  said  county  may 
file  with  the  clerk  of  the  board  of  supervisors  a  petition 
asking  that  the  tax  <be  not  levied,  then  the  question  shall  be 
submitted  to  an  election  in  the  manner  provided  in  chap- 
ter 196,  laws  of  1916,  which  election  shall  be  decisive  of 
the  levy  for  that  year  only.  And  provided  further  that 
the  maximum  levy  for  maintenance  purposes  as  fixed  by 
law  for  the  agricultural  high  school  shall  not  be  deemed  a 
limitation  on  the  tax  levy  for  the  building,  repair,  and 
equipment  of  agricultural  high  schools  hereinbefore 
mentioned,  nor  the  levy  hereunder  a  limitation  on  the  levy 
for  maintenance  purposes 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  massage 

Approved  March  15,  1920. 

CHAPTER  186 
LAWS  1914. 

Sec.  3421  Hemingway's  Code. 

Trustees,  appointment. — 3.  The  government  and  con- 
trol of  county  agriculturail  ;high  schools  in  any  county  shall 
be  vested  in  a  board  of  five  trustees,  one  from  each  sup- 
ervisor's district,  two  of  whom  shall  be  elected  by  the 


SCHOOL  LAWS  OF  MISSISSIPPI  22 

board  of  supervisors,  two  by  the  county  school  board  and 
the  county  superintendent  of  education  shall  constitute  the 
fifth  member;  two  of  the  number  first  elected  shall  serve 
for  a  term  of  two  years,  and  their  successors  shall  serve 
for  a  term  of  three  years,  and  two  shall  serve  for  a  term  of 
four  years;  all  regular  terms  shall  be  for  a  term  of  four 
years.  The  trustees  shall  'have  control  of  the  property, 
elect  and  fix  salaries  of  all  teachers  in  the  agricultural 
department  of  the  schooil  and  shall  have  full  power  to  do 
all  things  necessary  to  the  successful  operation  of  said 
school.  And  that  each  member  of  the  board  of  trustees, 
county  superintendent  excepted,  receive  their  actual  ex- 
penses while  on  duty,  provided  said  expenses  do  not  exceed 
three  dollars  ($3.00)  per  day,  to  be  paid  out  of  the  county 
agricultural  high  school  funds,  on  receipt  of  an  itemized 
statement  issued  to  county  superintendent.  When  a  com- 
mon school  is  taught  in  connection  with  an  agricultural 
high  school  the  election  of  teachers  for  the  common  school 
department  shall  be  made  by  the  common  school  trustees 
in  the  same  manner  as  are  required  of  other  common  school 
trustees. 

Amends  Laws  1910  ch.  122,  §  3. 

CHAPTER  122. 
LAWS  1910. 

Sec.  3422  Hemingway's  Code. 

Joint  school  established  in  adjacent  counties. — 4.  In 
case  the  school  boards  of  two  adjacent  counties  shall  so  de- 
cide, the  two  adjacent  counties  may  unite  in  establishing 
an  ^agricultural  high  school  or  two  schools,  one  for  each 
race.  The  school  boards  of  the  two  counties  shall  meet  in 
joint  session  to  determine  the  location  of  the  school,  or 
schools,  and  if  no  place  can  be  agreed  upon  by  a  majority  of 
the  joint  board  for  either  school,  the  two  highest  places 
shall  be  certified  by  the  board  to  the  State  Board  of  Educa- 
tion, who  shall  select  one  of  them  as  the  site  for  the  school. 

Chapi  122,  Laws  1910.  Sec.  3423  Hemingway's  Code. 

Joint  school  governed  by  eleven  trustees — Terms  of 
trustees — Each  county  to  levy  special  tax. — The  govern- 
ment of  the  school  shall  be  vested  in  eleven  trustees,  five  to 
be  selected  by  each  county  in  the  same  manner  designated  in 
section  3  (§  3421,  this  Code)  Chapter  186,  Laws  1914  of  this 


24  SCHOOL  LAWS  OF  MISSISSIPPI 

act,  and  the  eleventh  to  be  chosen  by  the  ten  so  selected; 
in  case  no  one  receives  a  majority  of  all  the  votes  of  the  ten 
members,  the  eleventh  man  shall  be  selected  by  lot  from  the 
two  highest  in  the  voting.  The  terms  of  the  five  trustees 
from  each  county  shall  be  as  provided  in  section  3  (§3421, 
this  Code)  Chapter  186,  Laws  1914,  and  the  eleventh  mem- 
ber shall  serve  for  four  years.  In  levying  the  taxes  provided 
for  in  (§3420,  this  Code,)  Chapter  196,  Laws  1916,  e-aen 
county  shall  act  independently,  but  if  one  county  joining 
another  in  establishing  a  school  shall  decline  to  levy  the  tax, 
the  other  county  may  nevertheless  do  so,  in  which  event, 
the  joint  plan  shall  thereby  be  abandoned,  and  the  county 
levying  the  tax  may  proceed  independently  as  though  the 
joint  plan  ;had  never  been  begun.  In  case  two  counties  join 
in  establishing  a  joint  school,  and  each  county  levies  a 
special  tax  provided  for  in  (§  3420,  this  Code,)  Chapter  196.. 
Laws  1916,  the  tax  collector  of  each  county  s'hall  collect  the 
tax  in  his  county  and  pay  the  same  to  the  county  treasurer 
of  his  county.  In  paying  the  expenses  of  either  school  the 
trustees  shall  draw  on  the  funds  of  each  county  provided 
for  that  school  equitably  as  near  as  may  be  in  proportion  to 
the  amount  of  tax  collected  for  that  school  by  each  county ; 
or  if  no  tax  is  levied  shall  draw  on  any  fund  in  the  treasury 
of  the  respective  counties  provided  by  law  for  the  support 
of  that  school  in  proportion  to  the  number  of  educable 
children  attending  said  school  from  each  county.  The 
board  of  trustees  of  a  school  established  by  the  joint  action 
of  two  counties  shall  have  all  the  power  and  discharge  all 
the  duties  appertaining  to  boards  of  trustees  of  schools 
where  only  one  county  is  interested. 

CHAPTER  122. 
LAWS  1910. 

Sec.  3426,  Hemingway's  Code. 

Detailed  statement  made  to  board  of  supervisors  of  re- 
ceipts and  disbursements. — 6.  The  board  of  trustees  of  the 
schools  provided  for  in  this  act  shall  make  detailed  state- 
ments of  receipts  and  disbursements  to  the  board  of  sup- 
ervisors and  county  superintendent  of  education  annually 
on  the  first  Monday  of  July,  and  the  county  superintendent 
of  education  shall  transmit  to  the  state  superintendent  of 
education  a  copy  of  said  detailed  statement  which  shall  be 
embodied  in  his  biennial  report  to  the  legislature. 


SCHOOL  LAWS  OF  MISSISSIPPI  25 

Chap.  122,  Laws  1910.  Sec.  3427  Hemingway's  Code. 

Trustees  sole  judges  of  eligibility  of  applicants. — 7.  The 
board  of  trustees  of  each  county  shall  be  the  judges  of  the 
eligibility  of  all  applicants  for  admission  to  any  agricul- 
tural high  school  in  their  respective  counties  and  shall  not 
permit  any  applicant  to  become  a  student  therein  when  in 
the  opinion  of  said  trustees  the  moral  and  mental  charac- 
teristics of  the  applicant  are  such  as  would  prove  detrimen- 
tal to  the  good  morals  of  the  institution. 
Chap.  122,  Laws  1910  Sec.  3428  Hemingway's  Code. 

Legislature  to  make  appropriations. — 8.  It  shall  be  the 
duty  of  the  legislature  to  make  appropriations  to  meet  the 
conditions  of  this  act. 

CHAPTER  11. 
LAWS  1911. 

Sec,  3429  Hemingway's  Cede. 

Municipalities  to  issue  bonds  for  the  purpose  of  procur- 
ing the  establishment  of,  and  aiding  and  maintaining  agricul- 
tural high  schools. — That  the  municipalities  of  Mississippi  be 
and  they  are  hereby  authorized  and  empowered  to  issue 
municipal  bonds  to  aid  in  procuring  the  establishment,  loca- 
tion and  maintenance  of  agricultural  high  schools,  which 
have  been  or  may  hereafter  be  established,  under  chapter  22 
of  the  Laws  of  1910,  entitled,  "An  Act  to  provide  for  the  es- 
tablishment of  county  agricultural  high  schools,  and  to  pro- 
vide for  the  equipment  and  maintenance  of  same."  Said 
bonds  shall  be  issued  in  accordance  with  sections  3416,  3419 
and  3420  of  the  Code  of  1906,  and  acts  amendatory  thereto, 
which  bonds  shall  not  be  included  in  computing  any  limit 
which  is  now  placed  by  law  on  the  amount  of  bonds  to  be 
issued  by  a  municipality.  Should  there  be  a  protest  against 
said  bonds  sufficient  to  require  an  election,  a  majority  of 
the  votes  cast  in  such  election  shall  determine  the  result; 
if  a  majority  of  those  voting  in  an  election  held  for  that 
purpose  shall  cast  their  vote  for  the  said  bond  issue,  then 
the  bonds  shall  be  issued.  The  proceeds  of  the  sale  of  said 
bonds  shall  be  used  for  the  purchase  of  land,  or  erecting 
buildings,  or  in  any  way  to  aid  in  the  establishment  and 
maintenance  of  county  agricultural  high  schools. 


26  SCHOOL  LAWS  OF  MISSISSIPPI 

CHAPTER  136. 
LAWS  1910. 

Sec.  3430  Hemingway's  Code. 

Establiskincj  location  of  schools. — 1.  The  county  school 
board,  in  counties  v/here  an  agricultural  high  school  has 
been  established  under  and  by  virtue  of  chapter  102,  Laws 
of  1908,  shall,  in  locating  the  agricultural  high  school  or 
schools,  provided  for  in  Senate  Bill  No.  4,  passed  at  the 
1910  session  of  the  legislature,  locate  whichever  school 
may  first  be  established  in  the  county  at  the  place  where 
the  school  so  established  under  chapter  102,  Laws  of  1908, 
is  located  provided  that  all  the  conditions  under  which  such 
school  was  located  have  been  or  shall  be  fully  complied  with. 
And  the  trustees  of  such  school  established  under  said  Sen- 
ate Bill  No.  4  shall  succeed  to  all  the  property  and  effects 
belonging  to  or  appertaining  to  the  school  established  under 
said  chapter  102,  Laws  of  1908,  for  the  purpose  of  con- 
ducting an  agricultural  high  school  as  provided  in  said  Sen- 
ate Bill  No.  4. 

Laws  1908,  ch.  102,  was  declared  unconstitutional,  as  it  provides  for 
a  school  for  whites  only.     McFarland  v.  Goins,  96  Miss.  67,  50  So.  493. 

CHAPTER  126. 
LAWS  1910. 

Sec.  3431  Hemingway's  Code. 

Funds  of  county  agricultural  hiuh  school  to  be  paid  out 
on  order  of  board  of  trustees. — 2.  All  funds  derived  from 
taxes  collected  under  the  provisions  of  chapter  102,  Laws 
of  1908,  now  in  the  hands  or  hereafter  coming  into  the 
hands  of  the  county  treasurer,  may  be  paid  out  by  the 
treasurer  on  the  order  of  the  trusteesof  the  agricultural 
high  school  or  schools  of  the  county  hereafter  established, 
and  expend  the  same  as  if  collected  under  the  provisions  of 
Senate  Bill  No.  4,  passed  at  the  1910  session  of  the  legis- 
lature in  relation  to  such  high  schools. 

•CHAPTER  150. 
LAWS  1912. 

Sec.  3432  Hemingway's  Code. 

Authorizing  county  supervisors  to  issue  bonds  for  agri- 
cultural high  schools. — 1.  The  board  of  supervisors  of  any 


SCHOOL  LAWS  OF  MISSISSIPPI  27 

county  which  has  resolved  and  determined  to  accept  the 
terms  of  the  law  relative  to  the  locating  and  establishing  of 
agricultural  high  schools,  may  issue  bonds  upon  the  prop- 
erty of  &aid  county  to  aid  in  the  building,  equipment,  and 
in  any  other  way  the  establishment  of  agricultural  high 
schools  to  an  amount,  which  added  to  all  its  bonded  indebted- 
ness, shall  not  exceed  ten  per  centum  on  the  assessed  value  of 
the  taxable  property  of  the  county  appearing  on  the  assess- 
ment rolls  of  the  preceding  year,  and  which  shall  mature 
not  later  than  twenty-five  years  from  the  date  of  their  issu- 
ance-and  bearing  interest  at  a  rate  not  exceeding  six  per 
centum  per  annum,  payable  annually,  and  such  bonds  shall  be 
payable  after  five  years,  at  the  option  of  the  county.  Said 
bonds  shall  be  lithographed  or  engraved  and  printed  in  two 
or  more  colors  to  prevent  counterfeiting,  and  shall  be  in 
sums  not  less  than  one  hundred  dollars  nor  more  than  two 
thousand  dollars  each  and  chall  be  registered  as  they  are 
issued/  be  numbered  in  regular  series  from  one  upward, 
be  signed  by  the  president  of  the  board  of  supervisors  and 
countersigned  by  the  clerk,  who  shall  impress  the  seal  upon 
each  bond  as  it  is  issued,  and  every  such  bond  shall  specify 
on  its  face  the  purpose  for  which  it  was  issued  and  the  total 
amount  authorized  to  be  issued,  and  each  shall  be  made 
payable  to  bearer,  and  the  bonds  so  issued  shall  not  be  sold 
for  less  than  their  face  value.  The  board  shall  levy,  an- 
nually, a  special  tax  to  be  used  exclusively  in  paying  the  in- 
interest  on  such  bonds  and  in  providing  a  sinking  fund  for 
their  redemption.  When  a  sufficient  sum  of  said  sinking 
fund  shall  have  accumulated  the  board  of  supervisors  may 
loan  such  accumulation  at  a  rate  of  interest  not  less  than 
six  per  cent.  and  on  such  terms  and  for  such  time  not  longer 
than  the  date  fixed  for  the  maturity  of  said  bonds,  such 
loan  to  be  secured  upon  improved  real  estate  at  one-half  of 
of  its  assessed  value,  and  upon  abstract  of  such  real  estate 
as  provided  for  the  loan  of  funds  arising  from  the  sale  or 
lease  of  sixteenth  section  lands.  Provided,  further,  that 
within  three  weeks  after  notice  by  publication  has  been 
made  of  the  intention  to  issue  bonds  ten  per  cent,  of  the 
adult  taxpayers  of  the  county,  exclusive  of  those  who  pay 
poll  tax  only,  shall  petition  against  the  issuance  of  said 
bonds,  then  the  question  shall  be  sumbitted  to  the  qualified 
electors  of  the  county  within  twenty  days  after  the  next 
meeting  of  the  board  of  supervisors,  after  filing  of  the  peti- 
tion, and  should  a  majority  the  male  taxpayers  voting  in 


28  SCHOOL  LAWS  OF  MISSISSIPPI 

such  election  vote  against  the  bond  issue  the  bonds  shall  not 
be  issued  and  the  order  shall  be  null  and  void. 

Chap.  150,  Laws  1912.  Sec.  3433  Hemingway's  Code. 

Proceeds  of  bonds,  how  used. — 2.  That  the  proceeds  of  the 
sale  of  such  bonds  shall  be  used  only  for  the  establishment, 
equipment,  erection  of  buildings,  purchasing  lands,  live 
stock,  or  other  necessary  improvements  and  shall  be  dis- 
bursed by  the  board  of  trustees  of  the  agricultural  high 
schools  and  an  itemized  statement  of  all  funds  and  dis- 
bursements shall  be  made  to  the  board  of  supervisors. 

SENATE  BILL  NO.  251. 

AN  ACT  permitting  the  addition  of  work  of  junior  college  grade  to 
the  program  of  studies  of  a  municipal  separate  district  high 
school  or  of  an  agricultural  high  school  and  specifying  the  con- 
ditions on  which  same  may  be  done. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  trustees  of  a  separate  school 
district  containing  a  municipality  with  ia  population  of  not 
less  than  ten  thousand  according  to  the  most  recent  federal 
census  or  of  an  agricultural  high  school  that  is  not  less  than 
twenty  miles  distant  from  any  of  the  state  colleges  with  the 
exception  of  the  Alcorn  Agricultural  and  Mechanical  Col- 
lege may  extend  the  curriculum  in  the  school  or  schools  un- 
der their  charge  and  include  in  the  studies  of  the  freshman 
or  sophomore  year,  or  both,  of  college  work,  when  they 
deem  such  additional  work  necessary  to  properly  provide  for 
the  educational  needs  of  such  school  district,  county  or 
counties. 

Section  2.  No  appropriation  shall  be  made  out  of  the 
state  treasury  for  the  support  of  such  college  work.  The 
additional  expense  that  is  incurred  shall  be  met  out  of  the 
usual  funds  of  such  districts,  county  or  counties  provided 
that  no  part  of  such  funds  shall  be  so  expended  except  under 
the  following  conditions : 

1.  The  minimum  scholastic  requirements  of  all  teach- 
ers or  instructors  in  the  junior  college  shall  be  graduation 
either  from  the  University  of  Mississippi,  Agricultural  and 
Mechanical  College,  Mississippi  State  College  for  Women  or 
any  college  of  equal  grade,  provided  that  teachers  giving  in- 
struction in  subjects  for  which  sophomore  credit  is  given 
shall  have  had  in  addition  to  said  graduation,  post  graduate 


SCHOOL  LAWS  OF  MISSISSIPPI  29 

work  in  a  university  or  college    of    recognized     standing 
amounting  to  at  least  one  year. 

2.  Every  student  registering  in  a  junior  college  shall 
have  successfully  completed  at  least  fifteen  units  of  high 
school  work  as  defined  by  the  state  accrediting  commission. 

3.  The  work  of  the  junior  college  must  be  organized 
on  a  collegiate  and  not  a  high  school  basis. 

4.  No  school  shall  have  the  rating  and  classification 
of  a  junior  college  unless  it  has  a  registration  of  at  least 
twenty  students  who  have  had  accepted  not  less  than  fifteen 
units  for  entrance  if  the  said  institution    offers    freshman 
work  only ;  and  thirty-five  students  who  have  had  accepted 
not  less  than  fifteen  units  for  entrance  if  said  institution 
offers  freshman  and  sophomore  work. 

5.  The  library  in  a  junior  college  attempting  to     do 
freshman  work  shall  have  not  less  than  one  thousand  well 
selected  volumes,  not  including  pamphlets  or  government 
publications,  and  if  attempting  both  freshman  and  sopho- 
more work  it  shall  have  not  less  than  one    thousand    five 
hundred  volumes. 

6.  The  laboratory  equipment  shall  have  an  aggregate 
value  of  not  less  than  two  thousand  dollars  ($2,000.00). 

7.  No  school  shall  attempt  junior  or  college  work  un- 
less the  high  school  department  is  approved  as  a  full  four- 
year  high  school  by  the  state  department  of  education. 

Section  3.  When  a  student  has  successfully  completed 
the  course  prescribed  for  the  freshman  and  sophomore  years 
any  junior  college  that  has  been  properly  accredited  under 
this  act  may  issue  a  diploma  to  such  student.  Provided, 
however,  that  if  the  junior  college  is  organized  as  part  of  a 
high  school  in  a  separate  school  district  it  may  deliver  a 
diploma  bearing  the  title  of  an  associate  of  arts,  and  if  the 
junior  college  is  organized1  as  part  of  an  agricultural  high 
school  it  may  deliver  a  diploma  bearing  the  title  of  an  asso- 
ciate of  agriculture  to  men,  and  an  associate  of  arts  to  wo- 
men as  a  testimonial  of  the  completion  of  two  years  of  col- 
lege work. 

Section  4.  The  state  board  of  education  shall  be  re- 
sponsible for  the  enforcement  of  the  provisions  of  this  act. 


30  SCHOOL  LAWS  OF  MISSISSIPPI 

Section  5.  This  act  shall  take  effect  from  and  after 
its  passage. 

Approved  March  24,  1922. 

CHAPTER  192. 
HOUSE  BILL  No.  716. 

AN  ACT  to  authorize  and  direct  the  several  agricultural  high  schools 
of  the  state  to  teach  not  less  than  one  of  the  terms  of  such 
schools  the  subject  of  horticulture,  and  to  operate  a  nursery  for 
the  growth  of  fruit  trees  and  plants  and  to  give  practical  in- 
struction in  the  planting,  culture  and  treatment  of  such  plants 
and  trees  to  all  male  students  therein  who  attend  and  take  part 
in  the  course  of  study  for  the  year  or  years  in  which  the  said 
subject  of  horiculture  is  made  a  part  of  the  cirruculum  and  for 
other  purposes. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi  that  the  trustees  of  every  agricultural 
high  school  in  this  state  shall  direct  its  corps  of  teachers  to 
devote  one-fourth  of  the  time  to  the  study  of  horticulture 
that  is  required  for  the  subject  of  agriculture  in  the  curri- 
culum of  the  agricultural  high  school.  Such  study  of  hor- 
ticulture shall  consist  of  class  room  work  and  practical 
demonstrations  in  seeding,  planting,  growing,  cultivating, 
pruning  and  treatment  of  fruit  and1  ornamental  trees, 
shrubs,  and  plants.  In  such  sections  of  the  state  where 
conditions  of  soil  and  climate  will  justify  the  board  of 
trustees  are  empowered  to  set  apart  not  less  than  five  acres 
of  land  belonging  to  said  school  for  the  purpose  of  establish- 
ing a  .nursery  and  orchard,  and  may  use  or  sell  such  fruits 
and  plants  as  they  may  deem  proper,  and  the  proceeds  of 
the  sale  shall  be  placed  to  the  credit  of  isupport  fund  for  said 
institution.  The  students  may  be  required  to  .demonstrate 
the  proper  method  of  planting,  transplanting,  and  cultivat- 
ing plants  and  trees  sold  to  the  citizens  of  the  county  or 
counties  supporting  such  school,  and  to  visit  and  inspect  the 
same  from  time  to  time.  The  teacher  in  charge  of  such  sub- 
jects shall  keep  a  record  of  the  work  done  hereunder  and 
shall  file  a  report  with  the  county  superintendent  of  educa- 
tion of  their  work  hereunder  giving  a  summary  of  such 
work  and  the  names  of  the  students  who  have  received  in- 
structions hereunder  .and  the  names  of  all  persons  in  the 
county  who  have  purchased  trees  and  plants  hereunder  with 


SCHOOL  LAW1S  OF  MISSISSIPPI  31 

; 

the  prices  obtained  for  each  kind  of  trees  or  plants.  They 
shall  also  keep  a  record  of  the  results  of  such  work  and  the 
kind  of  fruits  best  adapted  to  the  soil  and  climate  of  the 
county.  They  shall  make  such  experiments  as  may  be 
d'eemed  proper  or  necessary  to  demonstrate  what  kinds  of 
fruits  best  adapted  to  the  county  and  shall  make  an  annual 
report  to  the  department  of  agriculture  of  the  state  of  the 
results  of  such  experiments  in  said  subjects. 

Section  2.     This  act  shall  take  effect  and  be  in  force 
from  and  after  September  1st,  1922. 
Approved  April  8,  1922. 

CONSOLIDATED  SCHOOLS. 

CHAPTER  124. 
LAWS  1910. 

Sec.  3999  Hemingway's  Code. 

Funds  where  more  than  four  schools  are  to  be  consoli- 
dated.— 2.  Should  more  than  four  schools  be  consolidated 
into  one  school,  the  salary  of  two  teachers  of  the  consoli- 
dated schools  may  be  expended  in  the  transportation  of  pu- 
pils to  said  school  as  above  provided. 

CHAPTER  180. 
LAWS  1916. 

Sec.  4000  Hemingway's  Code. 

To  provide  transportation  for  pupils  of  consolidated 
school  districts — 1.  Where  two  or  more  schools  are  consol- 
idated into  one  school  by  the  county  school  board,  the  board 
of  public  school  trustees  for  said  consolidated  school,  to- 
gether with  the  county  superintendient,  are  authorized  and 
empowered  to  provide  means  for  the  transportation  of  pu- 
pils living  two  miles  or  more  from  the  consolidated  school 
to  and  from  the  schoolhouse  in  the  district,  under  such  rules 
and  regulations  as  may  be  prescribed  by  the  state  board  of 
education  provided,  that  a  consolidated  school  using  a  trans- 
portation wagon  or  wagons  or  levying  a  tax  for  school  pur- 
poses which  have  been  or  may  at  any  future  time  be  formed 
can  not  have  any  of  its  territory  released  by  the  county 
school  board,  except  on  a  petition  of  a  majority  of  the  quali- 
fied electors  of  said  school  district. 


32  CONSOLIDATED  SCHOOLS 

CHAPTER  196. 
SENATE  BILL  No.  151. 

AN  ACT  to  govern  and  regulate  the  letting  and  making  of  contracts 
for  transportation  of  pupils  to  and  from  the  public  schools  where 
same  are  now  transported  at  public  expense;  defining  and  pre- 
scribing the  duties  of  the  state  board  of  education,  the  trustees 
of  such  schools  and  the  county  superintendent  of  education,  and 
making  it  unlawful  for  any  trustee  of  such  schools  to  be  inter- 
ested, either  directly  or  indirectly,  in  such  contracts. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  in  all  cases  where  pupils  are  now 
transported  to  and  from  the  public  schools  of  this  state  un- 
der authority  of  law  and  at  public  expense,  the  contract  for 
such  transportation  shall  be  let  to  the  lowest  bidder  in  such 
case,  who  is  able  to  furnish  a  solvent  bond  for  the  faithful 
performance  of  his  contract,  after  the  route  or  routes  over 
which  such  pupils  are  to  be  transported,  has  been  laid  out 
and  established1  as  hereinafter  provided  and  after  the  time 
and  place  of  letting  such  contract  and  the  manner  of  bid- 
ding shall  have  been  duly  advertised  for  the  time  and  in  the 
manner  now  provided  by  law  for  letting  any  other  public 
contract.  All  such  contracts  shall  be  in  writing  and  define 
and  prescribe  the  duties  of  the  contractors  or  drivers  of 
transportation  vehicles. 

Section  2.  That  immediately  after  this  act  takes  ef- 
fect it  shall  be  the  duty  of  the  state  board  of  education  to 
adopt  and  promulgate  a  uniform  system  of  rules  and  regu- 
lations, not  inconsistent  with  law,  or  the  provisions  hereof, 
to  govern  the  provisions  of,  and  making  of  the  contracts 
provided  for  in  the  first  section  of  this  act,  prescribing  the 
form  of  contract,  and  the  duties  and  qualifications  of  the 
drivers  of  each  and  every  kind  of  transportation  vehicles 
now  permitted  for  transportation,  and'  rules  to  govern  the 
conduct  of  pupils  while  being  so  transported,  and  such  other 
rules  and  regulations  as  said  board  may  deem  necessary  for 
the  proper  conduct  and  management  of  such  schools  and 
the  transportation  of  pupils. 

Section  3.  That  before  any  contract  is  let  for  the 
transportation  of  pupils  in  any  school  district  now  author- 
ized to  do  so,  the  trustees  of  such  school  and  the  county  su- 
perintendent shall  first  lay  out,  mark  and1 'definitely  estab- 
lish the  route  or  routes  over  which  -the  pupils  are  to  be 


CONSOLIDATED  SCHOOLS  33 

transported,  and  ascertain  the  number  of  pupils  on  each 
route,  and  determine,  describe  and  define  the  kind,  charac- 
ter and  capacity  of  the  vehicle  required  on  such  route,  and 
make  a  record  of  same  and  file  it  in  the  county  superin- 
tendent's office,  which  shall  be  open  to  inspection  at  all 
times  by  the  public.  After  a  route  is  once  established  and 
a  contract  made  it  cannot  be  changed  until  a  -new  route  is 
established  and  a  contract  made  in  the  manner  herein  pro- 
vided. All  routes  shall  be  so  laid  out  and  established  as  to 
place  all  pupils  entitled  to  transportation  within  a  reason- 
able distance  of  same ;  and  no  child  shall  be  required  to  walk 
a  distance  greater  than  one  and  one  half  miles  to  reach  the 
vehicle  of  transportation  in  the  morning  or  to  reach  home 
in  the  afternoon.  All  pupils  shall  be  entitled  to  enter  and 
leave  such  vehicle  at  the  nearest  point  on  the  route  to  their 
homes. 

Section  4.  That  it  shall  be  unlawful  for  the  county  su- 
perintendent, or  any  member  of  the  board  of  trustees  of  a 
school,  to  and  from  which  pupils  are  transported  at  public 
expense,  to  be  interested  directly  or  indirectly,  in  a  contract 
for  such  transportation,  and  any  contract  made  in  viola- 
tion of  the  provisions  of  this  act,  shall  be  null  and  void. 

Section  5.  That  the  failure  of  any  officer,  trustee  or 
contractor  to  perform  the  duties  imposed  on  him  by  the 
provisions  of  this  act,  or  by  the  terms  of  the  contract  enter- 
ed into  hereund'er,  shall  subject  him  to  mandamus  or  other 
appropriate  proceedings  in  law  or  equity  for  final  adjudica- 
tion of  the  matter  complained  of,  though  the  person  ag- 
grieved may  have  a  concurrent  remedy  by  appeal  to  the 
county  superintendent,  and  from  that  official  to  the  state 
superintendent  of  education. 

Section  6.     That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 
Approved  April  5,  1922. 

Chap.  180,  Laws  1916.  Sec.  4001  Hemingway's  Code 

Expense  paid  out  of  school  fund  on  sworn  itemized  ac- 
counts— Duty  of  trustees  and  county  superintendent. — 2. 
The  expense  necessary  to  carry  this  act  into  effect  and  pro- 
vide for  the  transportation  of  the  pupils,  as  provided  in  Sec- 
tion 1  of  this  act,  shall  be  paid  out  of  the  school  fund  of  the 
county.  At  the  end  of  each  scholastic  month  the  person  or 


34  CONSOLIDATED  SCHOOLS 

persons  employed  to  transport  the  pupils  shall  file  with  the 
county  superintendent  an  itemized  statement  of  his  services, 
properly  sworn  to  by  him  and  approved  by  at  least  two  of 
the  trustees  'and*  certified  to  by  him ;  and  upon  filing  of  such 
account  with  him  the  county  superintendent  shall  issue  to 
such  person  a  pay  certificate,  and  such  account  shall  be  filed 
and  preserved  in  his  office.  If  the  trustees,  without  good 
cause,  refuse  to  approve  said  itemized  account,  such  person 
may  appeal  to  the  county  superintendent,  who  shall  issue  his 
pay  certificate  without  the  approval  of  the  trustees,  in  case 
he  decides,  after  full  investigation,  in  favor  of  the  person 
who  transports  the  pupils.  Upon  the  presentation  of  the 
pay  certificate  for  services  rendered,  as  herein  set  out,  duly 
attested  by  the  county  superintendent,  the  clerk  of  the  board 
of  supervisors  shall  issue  a  warrant  in  the  manner  as  di- 
rected for  the  issuance  of  teachers  warrants  in  Section  4566 
of  the  Mississippi  code  of  1906.  The  oath  required  to  said 
account  may  be  made  before  the  county  superintendent. 

HOUSE  BILL  NO.  21. 

AN  ACT  to  amend  section  3  of  chapter  180  of  laws  of  1916,  on  the 
size  of  territory  in  consolidated  school   districts. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  3,  chapter  180  of  the  laws 
of  1916  be  amended  so  as  to  read  as  follows : 

On  a  petition  of  a  majority  of  the  qualified  electors  of 
a  consolidated  school  district  containing  not  less  than  ten 
square  miles,  and1  on  approval  of  the  county  school  board, 
the  board  of  supervisors  shall,  in  the  same  manner  as  pro- 
vided for  separate  school  districts,  annually  levy  a  tax  on 
the  property  of  said  district  sufficient  to  pay  for  fuel,  trans- 
portation wagons  and  other  incidental  expenses,  erect  and 
repair  school  buildings  and  teachers'  homes  for  the  district 
and  shall  levy  a  tax  sufficient  to  maintain  the  school  of  said 
district  after  the  expiration  of  the  county  public  school 
term,  or  to  supplement  during  the  county  public  school 
term ;  providied,  a  free  public  school  shall  be  maintained 
therein  at  least  seven  months  in  each  scholastic  year  and 
when  the  amount  of  the  required  tax  shall  be  once  fixed,  it 
shall  remain  the  same  for  each  successive  year  or  as  long 
as  the  district  is  maintained,  unless  changed  by  a  petition 
of  the  majority  of  the  qualified  electors  of  the  district.  And 


CONSOLIDATED  SCHOOLS  35 

the  board  of  supervisors  may  issue  bonds  for  such  consoli- 
dated districts,  in  manner  provided  in  the  chapter  on  mu- 
nicipalities, to  erect,  repair  and!  equip  school  buildings  and 
teachers'  homes  for  said  district  provided  the  bonds  issued 
for  other  purposes  on  the  property  of  said  district  shall  not 
be  included  in  calculating  the  limit  on  the  amount  to  be  is- 
sued for  the  purpose  herein  provided,  but  only  such  bonds 
as  may  be  issued  for  said  district  as  a  separate  taxing  unit, 
shall  be  counted  in  calculating  the  limit  of  the  amount.  The 
tax  assessor  shall  make  a  separate  assessment  of  the  prop- 
erty of  such  district  and  the  county  tax  collector  shall  col- 
lect the  taxes  required  each  year  of  such  districts,  as  other 
taxes  are  collected,  and  deposit  the  same  with  the  county 
treasurer  to  the  credit  of  the  district  for  which  it  was  lev- 
ied. Such  funds  shall  be  disbursed  on  pay  certificates  is- 
sued! by  the  county  superintendent,  on  the  order  of  the  trus- 
tees of  the  district.  The  expense  of  transporting  the  pupils 
shall  be  borne  by  the  district  after  the  expiration  of  the 
county  public  school  term. 

Section  2.     That  this  act  shall  be  in  force    and    effect 
from  and  after  its  passage. 
Approved  February  26,  1920. 

Code  1906. 

Acts  1912,  ch.  255,  §  3,  provides  that  the  tax  for  consolidated 
school  districts  shall  be  levied  in  the  same  manner  as  provided  for  sep- 
arate school  districts,  while  Laws  1910,  ch.  217,  provides  for  the  levy 
of  taxes  for  separate  school  districts  in  such  a  manner  that  it  can  not 
be  doubted  that  the  intention  of  the  legislature  was  that  the  taxes 
should  be  levied  and  collected  regardless  of  the  date  upon  which  the 
district  was  created.  Illinois  &c.  R.  Co.  v.  Middleton,  109  Miss.  199, 
68  So.  146. 

Under  Code  1906,  §  307,  and  under  §§  4255,  4257,  a  railroad's 
property,  situated  in  two  school  districts  of  a  county,  was  taxable  for 
school  purposes,  although  such  school  districts  were  created  after  the 
first  day  of  February  of  the  year  in  which  the  tax  was  levied,  since 
the  property  was  "subject  to  state  taxes  for  the  time  being."  Illinois 
&c.  R.  Co.  v.  Middleton,  109  Miss.  199,  68  So.  146. 

Laws  1912,  ch.  255,  §  3,  providing  for  the  levying  of  a  tax  for  the 
transportation  of  pupils  and  other  expenses  on  a  petiton  of  a  majority 
of  the  qualified  electors  of  a  consolidated  school  district  containing 
not  less  than  twenty-five  square  miles,  does  not  require  that  such  dis- 


36  CONSOLIDATED  SCHOOLS 

trict  shall  contain  twenty-five  full  sections  of  land  in  order  that  the 
specified  tax  may  be  levied,  if  it  contains  the  required  area.  Purvis 
v.  Robinson,  110  Miss.  64,  6'9  So.  673. 

Chap.  180,  Laws  1916.  Sec.  4003  Hemingway's  Code. 

Privileges  of  consolidated  schools.— &.  Such  consoli- 
dated district  may  make  its  school  a  graded  school  and  have 
all  the  privileges  granted  to  separate  school  districts  under 
section  4535  of  the  Mississippi  code  of  1906. 

CHAPTER  194. 
LAWS  1916. 

Sec.  4004  Hemingway's  Code. 

Consolidated  school  districts — Elections  affecting, 
where  to  be  held. — 1.  That  in  any  case  where  it  becomes  nec- 
essary to  hold  an  election  affecting  any  question  to  be  sub- 
mitted to  the  qualified  electors  in  any  consolidated  school 
district  in  this  state,  as  now  provided  by  the  laws  of  the 
state  forming  such  consolidated  school  districts,  that  such 
elections  shall  be  held  at  the  school  house  of  said  district,  or, 
if  there  is  no  schcolhouse,  the  election  shall  be  held  at  a 
convenient  place  designated  by  the  trustees  of  the  school. 
And  that  the  commissioners  holding  such  election  shall  have 
the  power  .and  authority  to  use  the  poll-books  of  such  county 
containing  the  names  of  the  registered  electors  who  may  re- 
side in  said  school  district. 

Amends  Laws  1914,  ch.  184. 

CHAPTER  182. 
LAWS  1914. 

Sec.  4005  Hemingway's  Code. 

Validating  bonds  issued  under  Laws  1912,  chapter 
255. — 1.  In  all  cases  where  any  bonds  have  been  issued  or 
are  proposed  to  be  issued,  or  may  be  hereafter  issued  by  any 
school  district  or  consolidated  school  district  in  any  county 
in  the  state  operating  under  House  Bill  No.  81,  chapter  No. 
255,  of  the  acts  of  the  legislature  of  1912,  where  all  the  pre- 
liminary conditions  required  by  law  have  been  complied 
with  in  all  respects,  and  where  there  may  be  a  question  or 
doubt  in  respect  to  the  sufficiency  of  the  title  to  said  statute, 
under  which  the  bonds  are  issued  and  which  provide  for 
their  issuance,  said  bonds  shall  be  held  and  treated  in  all  re- 


CONSOLIDATED  SCHOOLS  37 

spects  the  same  as  if  the  title  to  said  statute  had  been  ample 
and  sufficient;  and  the  defect  or  irregularity  arising  out  of 
the  doubt  in  regard'  to  the  title  of  said  statute,  is  hereby  in 
all  respects  cured  and  ratified  and  the  bonds  are  to  be  held 
valid  for  all  purposes  whatever ;  and  it  is  further  provided 
expressly  that  such  defects  or  irregularities  or  such  sup- 
posed defects  or  irregularities  are.  hereby  cured  as  fully  and 
effectually  and  the  condition  of  the  issuance  of  said  bonds 
is  hereby  as  effectually  dispensed  as  if  the  full  and  proper 
statutory  authority  had  existed  in  the  first  instance  for  the 
issuance  of  said  bonds. 

CHAPTER  224. 
LAWS  1914. 

Sec.  4006  Hemingway's  Code. 

School  bonds — To  validate  issues  under  Acts  1912. — 
1.  All  bonds  that  have  heretofore  been  issued  or  that  may- 
be issued  or  that  are  proposed  to  be  issued  by  any  consoli- 
dated school  district  under  the  act  of  February  9,  1912, 
chapter  255  of  the  Acts  of  1912,  are  hereby  validated  in  all 
respects  so  far  as  the  supposed  insufficiency  of  the  title  to 
sai-d  act  is  concerned,  and  also  in  respect  to  any  irregularity 
in  or  want  of  conformity  to  law  which  couldi  have  been  dis- 
pensed with  by  an  act  of  the  legislature  enacted  in  advance 
of  the  issuance  of,  or  proposed  issuance  of  said  bonds,  pro- 
vided that  said  bonds  issued,  or  to  be  issued,  shall  have  been, 
or  shall  be  issued  in  substantial  conformity  to  the  provisions 
of  said  act  of  February  9,  1912.  The  purpose  of  this  act 
is  to  ratify  and  validate  by  this  act  as  a  curative  statute  any 
and  all  iregularities  in  the  issuance  of  said  bond  already 
issued  under  said  act  that  can  be  cured  by  curative  act,  and 
that  could  have  been  dispensed  with  in  advance  by  an  act 
of  the  legislature,  and  to  validate  all  bonds  proposed  to  be 
issued  that  have  been  or  that  may  be  issued  in  substantial 
conformity  with  the  provisions  of  said  act  of  February  9, 
1912. 

CHAPTER  194. 
SENATE  BILL  No.  210. 

AN  ACT  to  enable  a  school  district  to  assume  the  bonded  indebted- 
ness of  a  constituent  territory. 

Section  1.     Be  it  enacted  by  the  Legislature     of    the 


38  CONSOLIDATED  SCHOOLS 

State  of  Mississippi,  That  where  a  school  building  has  been 
erected  by  means  of  a  bond  issue  and  all  of  the  bonds  have 
not  been  paid,  and  the  municipal  school  district  or  other 
school  district  which  issued  the  bonds  and  which  remains  in- 
debted as  aforesaid,  has  become  a  part  of  a  larger  school 
district,  and  where  the  original  district  indebted  as  afore- 
said desires  to  sell  and1  transfer  such  school  building  to  the 
larger  district  in  consideration  of  the  assumption  of  the  un- 
paid balance  of  principal  and  interest  of  said  bonds,  and 
the  qualified  electors  of  the  original  district  have  at  an  elec- 
tion called  for  that  purpose,  approved  such  proposed  sale 
and  transfer,  and  the  larger  idiistrict  desires  to  buy  such 
building  by  the  assumption  of  said  balance  of  such  princi- 
pal and  interest,  and  the  qualified  electors  of  the  larger  dis- 
trict have  approved  such  purchase  and  'assumption  at  an 
election  called  for  that  purpose,  the  larger  district  may  as- 
sume the  payment  of  said  balance  of  principal  and  interest 
and  the  smaller  district  may  by  its  proper  authorities,  con- 
vey the  school  buildttng  and  land  upon  which  it  stands  to  the 
proper  authorities  of  the  larger  district. 

Section  2.  If  both  elections  be  favorable  to  the  convey- 
ance and  assumption,  the  board  of  supervisors  shall  declare 
and  spread  upon  its  minutes  the  result  of  the  elections  and 
the  assumption  of  the  balance  of  principal  and  interest,  de- 
scribing the  same  in  detail,  and  thereafter  shall  levy  taxes 
upon  the  taxable  property  of  the  larger  district  for  the  pur- 
pose of  paying  said  balance  of  principal  and  interest  as  the 
same  become  due  and  payable  just  as  though  the  bonds  had 
been  originally  issued  by  said  larger  district.  And  the  tax 
collector  shall  collect  the  taxes  so  levied  and  pay  the  pro- 
ceeds thereof  to  the  proper  credit  of  the  larger  district,  for 
the  payment  of  such  bonds  and  the  interest.  When  the 
election  shall  be  held  by  the  electors  of  a  municipal  separate 
school  district,  or  a  municipal  separate  school  district  with 
added  territory,  the  election  shall  be  provided  by  the  board 
of  mayor  and  aldermen  of  the  municipality,  and  where  the 
election  is  to  be  by  the  electors  of  other  school  districts  the 
election  shall  be  provided  by  the  board  of  supervisors,  and 
such  elections  shall  not  be  called  and  held  until  twenty  per 
cent  of  the  qualified  electors  of  the  district  shall  be  present- 
ed to  the  board  which  is  required  to  provide  the  election. 


CONSOLIDATED  SCHOOLS  39 

Section  3.     That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 
Approved  April  4,  1922. 

CHAPTER  234. 
LAWS  1918. 

AN  ACT  to  authorize  any  county  in  the  state  to  sell  any  property 
heretofore  used  for  school  purposes  and  to  appropriate  the  pro- 
ceeds thereof  to  the  maintenance  and  support  of  the  consolidated 
schools  in  the  districts  where  the  property  is  situated,  or  to  con- 
vey said  property  to  the  said  consolidated  schools. 

Counties  may  sell  certain,  school  property  for  use  of  consolidated 
schools. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  any  county  in  this  state  owning 
lands  or  houses  which  have  been  used  for  school  purposes, 
and  in  which  consolidated  school  districts  have  been  organ- 
ized, embracing  the  lands  or  houses  heretofore  so  used,  or 
where  consolidated  school  districts  may  hereafter  be  organ- 
ized, is  hereby  fully  authorized  and  empowered  upon  peti- 
tion of  a  majority  of  the  qualified1  electors  residing  in  the 
territory  which  comprised  the  former  school  district,  acting 
through  its  board  of  supervisors,  to  sell  and  convey  any  or 
all  of  said  property  upon  such  terms  as  the  board  of  super- 
visors may  determine  to  be  to  the  best  interest  of  the  county, 
and  to  appropriate  the  proceeds  of  said  sales  to  the  support 
and  maintenance  of  the  consolidated  school  which  has  been 
or  which  may  be  established  in  the  district  where  said  lands 
or  houses  may  be  situated,  or  to  convey  said  property  direct- 
ly to  said  consolidated  schools  for  the  support  and  mainten- 
ance thereof,  the  provisions  of  this  act  shall  operate  to  vali- 
date all  sales  heretofore  made. 

Section  2.  This  act  shall  take  effect  from  and  after  its 
passage. 

Approved  March  20,  1918. 


40  CONSOLIDATED  SCHOOLS 

CHAPTER  250. 
LAWS  1918. 

AN  ACT  to  validate  all  consolidated  school  district  or  separate  school 
district  bonds,  notes,  certificates  of  indebtedness  and  other  obli- 
gations. 

Consolidated  school  obligations  validated. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  all  bonds,  notes,  certificates  of  in- 
debtedness and  other  obligations,  which  have  been  issued  or 
ordered  issued,  by  any  and  all  consolidated  school  districts 
or  separate  school  districts,  under  and  by  authority  of  any 
general,  special,  local  or  private  act  of  the  legislature  be, 
and  they  are  hereby  in  all  things  made  valid  and  legal,  and 
are  binding  obligations  on  the  consolidated  school  district 
or  separate  school  districts  issuing  the  same  or  ordering  the 
same  to  be  issued,  regardless  of  defects,  errors,  omissions, 
or  informalities  in  their  issuance  or  orders  of  issuance,  or  in 
the  organization  of  such  school  districts,  or  the  failure  of 
such  consolidated  school  districts  or  separate  school  dis- 
tricts to  comply  with  any  law  or  part  of  law  providing  for 
their  issuance,  or  in  the  creation  or  organization  of  such  dis- 
trict. 

Act  applies  to  all  outstanding  obligations. 

Section  2.  That  this  act  shall  apply  to  all  such  bonds, 
notes,  certificates  of  indebtedness,  or  other  such  obligations 
already  issued  and  outstanding,  or  ordered  to  be  issued,  and 
such  obligations,  bonds,  notes  and  certificates  of  indebted- 
ness are  hereby  made  in  all  things  valid  and  legal,  provided, 
it  shall  not  apply  to  bonds  over  which  there  is  now  a  judicial 
contest  and  upon  which  no  money  has  been  paid. 

Section  3.  That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 
Approved  March  20,  1918. 


CONSOLIDATED  SCHOOLS  41 

CHAPTER  254. 
LAWS  1918. 

AN  ACT  authorizing  the  payment  of  teachers  who  have  taught  public 
schools  heretofore  located  in  territory  afterwards  established  as 
a  consolidated  school  district,  where  because  of  a  failure  to  erect 
a  school  building  or  for  other  causes  the  consolidated  school  has 
not  been  taught. 

Consolidated  schools — regular   schools  may  be  taught  pending 
opening  of. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  That  where  public  schools  heretofore 
established  have  been  formed  into  a  consolidated1  school  dis- 
trict, and  because  of  a  failure  to  erect  the  consolidated 
school  building,  or  for  other  reasons,  the  consolidated  school 
is  not  taught,  then  the  county  superintendent  of  education 
is  hereby  authorized  and  empowered  to  have  the  school 
taught  as  heretofore  and  so  continue  until  said  consolidated 
school  is  opened  and  in  operation. 
Pay  of  teachers  in  such  cases. 

Section  2.  That  in  like  manner  the  superintendent  of 
education  and  proper  authorities  of  the  county  are  hereby 
authorized  and  empowered  to  pay  teachers  who  have  hereto- 
fore or  are  teaching  in  such  public  schools. 

Section  3.     That  this  act  take  effect  and    be    in    force 
from  and  after  its  passage. 
Approved  March  13,  1918. 

HOUSE  BILL  No.  644. 

AN  ACT  to  provide  a  method  for  the  addition  of  territory  to  existing 
consolidated  school  districts. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  That  territory  not  a  part  of  any  consolidated 
school  district  may  be  added  to  and  become  a  part  of  an  ad- 
joining existing  consolidated  school  district  in  the  following 
manner,  to-wit : 

Whenever  the  territory  proposed  to  be  added  to  the  said 
district  lies  within  the  county  in  which  the  district  is  locat- 
ed, the  county  school  board  of  such  county  shall,  upon  peti- 
tion being  presented  to  it  by  a  majority  of  the  school  patrons 
residing  within  the  territory  to  be  added!,  enter  an  order  on 


42  CONSOLIDATED  SCHOOLS 

its  minutes  making  such  territory  a  part  of  the  consolidated 
school  district,  to  take  effect  whenever  the  said  territory  has 
complied  with  the  provisions  hereinafter  contained,  and 
shall  certify  such  action  to  the  board  of  supervisors  of  the 
county.  Whereupon,  it  shall  be  the  duty  of  the  board  of 
supervisors  to  order  an  election  to  be  held  in  some  public 
place  in  the  territory  proposed  to  be  added  At  such  elec- 
tion, there  shall  be  submitted  to  the  qualified  electors  resid- 
ing in  such  territory  proposed  to  be  added  ;the  question  of 
whether  or  not  they  shall  become  a  part  of  the  said  district 
and  the  lands  and  property  within  the  boundaries  of  the  said 
proposed  addition  shall  be  taxed  for  its  proportionate  part 
of  the  total  bonded  debt  of  the  said  existing  consolidated 
school  district  and  taxed  for  its  proportionate  share  of  the 
expense  of  maintaining  the  said  consolidated  school  and 
transportation  of  pupils.  Such  election  to  be  called  and 
heldl  in  all  respects  as  nearly  as  practical  as  now  provided 
by  law  for  the  holding  of  general  elections.  And  in  the 
event  that  such  election  shall  result  in  favor  of  the  addition 
of  such  territory  and  the  levying  of  such  tax,  such  proposed 
new  territory  shall  be  and  become  a  part  of  such  existing 
consolidated  school  district  and  the  board  shall  annually 
thereafter  levy  a  tax  on  the  property  of  such  district  suffi- 
cient for  the  retirement  of  the  bonds  and  interest  of  the  dis- 
trict, the  maintenance  of  the  school  and!  the  transportation 
of  pupils  as  is  levied  upon  the  other  lands  of  the  district,  pro- 
vided, no  territory  shall  be  added  to  consolidated  school  dis- 
trict without  a  petition  signed  by  a  majority  of  qualified 
electors  of  the  consolidated  school  district  or  after  election 
has  been  held'  on  same. 

Section  2.  Where  the  territory  proposed  to  be  added 
to  an  existing  consolidated  school  district  shall  lie  partly  or 
wholly  within  a  county  other  than  the  county  in  which  the 
consolidated  school  district  is  located,  the  county  school 
board  of  the  county  in  which  the  proposed  added  territory 
lies,  shall  certify  its  action  to  the  board1  of  supervisors  of  its 
county  and  like  action  shall  be  taken  by  them  as  proposed  by 
section  1  of  this  act,  and  the  result  of  such  election  shall  be 
certified  to  the  county  school  board  of  the  county  in  which 
the  consolidated  school  district  exists  together  with  all  cer- 
tified copies  of  all  proceedings  of  the  county  school  board 
and  the  board  of  supervisors  up  to  and  including  the  election 
as  hereinabove  provided'  for.  Whereupon,  the  county 
school  board  of  the  county  in  which  the  existing  consolidat- 


CONSOLIDATED  SCHOOLS  43 

ed  school  district  lies  may  pass  upon  the  question  of  the  ad- 
dition of  such  territory  to  such  district  and  certify  their  ac- 
tion to  the  board  of  supervisors  of  the  county  in  which  the 
added  territory  lies.  And  in  the  event  the  territory  is 
voted  to  be  addled  by  such  county  school  board,  the  board  of 
supervisors  of  the  county 'in  which  the  proposed  added  ter- 
ritory lies,  shall  thereafter  annually  levy  the  same  tax  on 
the  lands  added  to  the  said  school  district  as  is  levied  by  the 
county  in  which  the  original  district  lies.  And  it  is  here- 
by made  the  duty  of  the  chancery  clerk  of  the  county  in 
which  the  original  school  district  lies  to  certify  to  the  board 
of  supervisors  of  the  adjoining  county  the  levy  fixed  by  his 
county  aganist  the  lands  of  the  consolidated  district  for  the 
purpose  of  retiring  the  bonds  and  interest,  maintaining  the 
school,  and  transporting  the  pupils,  such  certificate  to  be 
made  within  two  days  from  the  levying  of  the  said  tax  by 
the  board  of  supervisors  of  his  county.  And!  thereafter  the 
territory  in  such  adjoining  county  so  added  as  herein  pro- 
vided, shall  be  a  part  of  and  entitled  to  all  the  privileges  of 
such  consolidated  school  district. 

Section  3.  All  laws  and  parts  of  laws  in  conflict  with 
this  act  be,  and  the  same  are  hereby  repealed. 

Section  4.     That  this  act  take  effect  and!  be  enforced 
from  and  after  its  passage. 
Approved  March  21,  1922. 

CHAPTER  54. 
HOUSE  BILL  No.  309. 

AN  ACT  to  appropriate  the  sum  of  seventeen  hundred  and  fifty  dol- 
lars ($1750.00)  to  provide  materials  for  making  blue  prints, 
plans  and  specifications  for  rural  school  buildings  and  provid- 
ing that  such  blue  prints,  plans  and  specifications  shall  be  made 
by  the  department  of  agricultural  engineering  at  the  Mississippi 
A.  &  M.  College. 

To  provide  for  blue  prints  for  rural  school  buildings. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  That  the  sum  of  seventeen  hundred  and  fifty 
dollars  ($1,750.00) ,  or  so  much  thereof  as  may  be  necessary, 
be  and  the  same  is  hereby  appropriated  out  of  any  funds  in 
the  state  treasury  not  otherwise  appropriated,  for  the  pur- 
pose of  buying  materials  necessary  in  the  preparation  of 
blue  prints,  plans  and  specifications  of  rural  school  build- 
ings. 


44  CONSOLIDATED  SCHOOLS 

Board  of  education  to  expend  funds. 

Section  2.  That  the  state  board  of  education  shall  ex- 
pend such  fund's  for  such  material  and  shall  supply  said  ma- 
terial to  the  department  of  agricultural  engineering  of  the 
Mississippi  A.  &  M.  College  and  the  said  agricultural  engi- 
neering department  of  the  Mississippi  A.  &  M.  College  are 
required  to  prepare  blue  prints,  plans  and  specifications, 
using  said  materials,  upon  request  of  the  department  of  edu- 
cation. 

How  money  to  be  paid  out. 

Section  3.  That  said  funds  herein  appropriated  shall 
be  paid  out  by  the  state  auditor  on  the  order  of  the  board  of 
education  and  the  board  of  education  shall  report  such  ex- 
penditures in  such  manner  as  may  be  provided  by  law ;  pro- 
vided that  any  funds  herein  appropriated  not  used  for  the 
purpose  ^herein  specified  shall  be  covered!  back  into  the  state 
treasury. 

Plans  to  be  furnished  free. 

Section  4.  That  said  plans  when  prepared,  shall  be 
printed  and  furnished  free  to  trustees  of  public  schools  in 
need  of  same. 

Section  5.       That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 
Approved  April  3,  1920. 

HOUSE  BILL  No.  942. 

AN  ACT  to  require  the  county  superintendent  of  education  and  the 
clerk  of  the  board  of  supervisors  to  furnish  information  to  the  tax 
assessor  and  the  state  tax  commssion  as  to  the  bounds  of  school 
districts  and  municipalities  and  as  to  public  service  corporations 
therein;  and  to  prescribe  penalties  for  the  enforcement  of  this 
act. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  Whenever  any  school  district,  road  district, 
or  municipality  is  created,  or  its  metes  and  bounds  changed, 
the  clerk  of  the  board  of  supervisors  shall  deliver,  within 
ten  days  thereafter,  to  the  tax  assessor  of  the  county,  and 
to  the  state  tax  commission,  a  certified  copy  of  the  metes 
and  bounds  of  the  district  or  municipality,  with  the  names 
of  the  public  service  corporations  owning  property  in,  or  op- 
erating through,  the  district  or  municipality ;  and  with  the 


CONSOLIDATED  SCHOOLS  45 

names  of  the  railroad  stations,  of  the  telegraph  offices,  of 
the  express  offices  and  of  the  telephone  exchanges  in  each 
district. 

Section  2.  The  county  superintendent  of  education 
shall,  within  the  same  time,  furnish  the  tax  assessor  of  the 
county,  and  the  state  tax  commission,  the  same  information 
with  reference  to  school  districts  and  the  public  service  cor- 
porations owning  property  in  or  operating  through  the  dis- 
tricts. 

Section  3.  The  clerk  of  the  board!  of  supervisors 
shall,  on  or  before  the  first  day  of  July,  1920,  furnish  the 
state  tax  commission  with  a  certificate,  showing  the  names 
of  all  school  and  road  districts  and  municipalities  in  the 
county  a  copy  of  the  metes  and  bounds  of  each  and  the 
names  of  the  public  service  corporations  owning  property 
in  or  operating  through  the  same,  with  the  names  of  the 
railroad  stations,  of  the  telegraph  and  express  offices  and  of 
the  telephone  exchanges  in  each  district. 

Section  4.  The  clerk  of  the  board  of  supervisors,  or 
the  county  superintendent  of  education  shall  be  liable  on  his 
bond  for  any  taxes  that  any  district  or  municipality  shall 
fail  to  receive,  if  he  fail  to  comply  with  the  requirements  of 
this  act 

Section  5.     That  this  act  shall  take  effect  and  be    in 
force  from  and  after  its  passage. 
Approved  April  1,  1920. 


46  PUBLIC  SCHOOLS 

PUBLIC  SCHOOLS 

CODE  1906. 

Sec.  7320  Hemingway's  Code. 

4485.  Uniform  system  of. — There  shall  be  maintained 
a  uniform  system  of  free  public  schools  for  all  children  be- 
tween the  ages  of  five  and  twenty-one  years. 

State  Board  of  Education. 

Sec.  7321  Hemingway's  Code. 

4486.  Board  of  Education — Its  meetings. — The  board 
of  education  created  by  the  constitution  shall  hold  its  ses- 
sions at  the  seat  of  government.      It  may  appoint  the  time 
of  meeting,  and  a  called  meeting  of  the  board  may  be  held 
at  any  time  upon  the  call  of  a  member  thereof. 

Sec.  7322  Hemingway's  Code. 

4487.  Board  of  Education — To  decide  appeals. — The 
board  of  education  shall  decide  all  appeals  from  the  deci- 
sions of  county  superintendents,  or  from  the  decisions  of  the 
state  superintendent;  but  all  matters  relating  to  appeals 
shall  be  presented  in  writing,  and  the  board's  decision  shall 
be  final. 

•Code  1906,  §§  4487,  4503,  do  not  exempt  the  school  authorities, 
acting  beyond  the  scope  of  their  powers  and  in  violation  of  law,  from 
interference  by  the  courts  and  equity  has  jurisdiction  to  enjoin  the 
trustees  and  the  teacher  of  a  school  district  from  enforcing  an  invalid 
rule.  Hobbs  v.  Germany,  94  Miss.  469,  49  So.  515. 

Sec.  7323  Hemingway's  Code. 

4488.  Board  of  education — -To  remove  County  Super- 
intendent in  certain  cases. — For  continued  neglect  of  duty, 
for  drunkenness,  incompetency  or  official  misconduct,     the 
board  of  education  may  remove  a  county  superintendent; 
but  before  removal  the  officer  shall  have  tv,n  days  notice  of 
the  charge,  and  be  allowed  opportunity  to    make    defense. 
The  members  of  the  board  are  authorized    to    administer 
oaths,  and  to  take  or  cause  depositions  to  be  taken,  and  have 
the  powers  of  a  court  to  compel  witnesses  to    attend    and 
testify  in  all  matters  of  investigation  by  the  board. 

CHAPTER  142. 

LAWS  1918. 
Section  1.     Be  it  enacted  by  the  Legislature  of  the  State 


PUBLIC  SCHOOLS  47 

of  Mississippi,  That  section  4489  of  the  code  of  1906,  be, 
and!  the  same  is  hereby  amended  so  as  to  read  as  follows : 

The  same;  to  audit  claims. — The  board  of  education 
shall  audit  all  claims  against  the  common  school  fund,  and 
allow  so  much  as  may  be  justly  due,  not  to  exceed  the  amount 
allowed  by  law.  The  board  of  education  shall  have  authority 
and  it  shall  be  their  duty,  to  hear  and  pass  upon  all  appeals 
by  trustees  of  public  schools  from  the  decision  of  county 
superintendents  of  education,  as  to  the  amount  of  money 
that  shall  be  allowed  for  the  payment  of  teachers'  salaries 
and  other  expenses  allowed  by  law  to  any  county  public 
school,  not  a  separate  school  district  from  the  funds  receiv- 
ed by  the  county  from  the  county  common  school  fund  from 
the  state  common  school  fund  and  from  county  levies  for 
the  public  schools.  All  appeals  shall  be  in  writing  and  the 
board's  decision  shall  be  final. 

Section  2.  That  the  county  superintendent  of  educa- 
tion shaH,  not  later  than  the  second  Mondlay  of  September  of 
each  year,  notify  in  writing  the  trustees  of  the  various 
schools  of  his  county,  as  to  the  amount  of  school  funds  each 
and  any  school  will  be  allowed  from  the  county  common 
school  fund,  from  the  money  received  from  the  state  distri- 
bution of  school  funds,  and  from  funds  arising  from  county 
levies,  provided,  that  the  written  request  be  made  of  the 
county  superintendent  of  education  for  such  information  by 
any  board  of  public  school  trustees  outside  of  separate 
school  districts  at  least  ten  days  before  the  second  Monday 
of  September. 

Section  3.  That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 

CODE  1906. 

Sec.  7325  Hemingway's  Cede. 

4490.  Board  of  education — To  fix  expenses  of  state 
superintendent's  office. — The  board  of  education  shall  de- 
termine the  necessary  contingent  expenses  of  the  superin- 
tendent's office,  including  stationery,  postage,  printing,  fur- 
niture, and  other  things  necessary,  and,'  shall  examine    the 
accounts  therefor  and  certify  the  same  for  payment. 

Sec.  7326  Hemingway's  Code. 

4491.  Board  of     education — Administration — Course 
of  study — Arbor  day. — The  board  of  education  shall  regu- 


48  PUBLIC  SCHOOLS 

late  all  matters  arising  in  the  practical  administration  of 
the  school  system  which  are  not  otherwise  provided  for; 
and  it  may  adopt  a  course  of  study  to  be  pursued  in  the 
schools  and  may  designate  a  day  to  be  observed  as  arbor 
day,  which  shall  be  devoted  to  the  planting  of  trees  and 
otherwise  improving  the  school  grounds. 

CHAPTER  123. 
LAWS  1910. 

Sec.  7327  Hemingway's  Code. 

Board  of  education  to  have  placards  showing  effects  of 
alcohol  on  human  system  and  for  prevention  of  tuberculosis 
hung  on  walls  of  school  rooms. — 1.  The  state  board  of  educa- 
tion shall  procure  placards,  to  be  hung  on  the  walls  of  public 
school-rooms,  setting  forth  the  effects  of  alcohool  on  the  hu- 
man system  and  means  for  the  prevention  and  cure  of  tu- 
berculosis. 

County  School  Board. 
CODE  1906. 

Sec.  7330  Hemingway's  Code. 

4510.  School  boards — How  appointed. — There     shall 
be  a  county  school  board,  consisting  of  one  member  from 
each  supervisor's  district,  to  be  appointed  for  a  term  of  four 
years,  by  the  superintendent,  within  ninety  days  after  his 
term  of  office  begins,  the  appointments  to  be  subject  to  rati- 
fication by  the  board  of  supervisors.       A  majority  of  the 
members  shall  be  a  quorum  for  the  transaction  of  business. 
For  neglect  of  duty,  the  superintendent  may  remove  a  mem- 
ber of  the  school  board ;  and  he  shall  fill  all  vacancies  occur- 
ing  from  any  cause. 

Under  Code  1906,  §  4530,  interpreted  in  connection  with  §§  4510, 
4533  and  4534,  each  county  has  a  right  to  act  for  itself  in  the  creation 
of  a  separate  district  of  unincorporated  territory,  and  a  separate 
school  district  of  unincorporated  territory  can  not  'be  created  unless 
it  is  wholly  within  one  county,  except  that  territory  in  different  coun- 
ties adjoining  a  municipality  which  is  a  separate  school  district  may 
be  included  in  such  district.  Jones  County  v.  Grisson,  97  Miss.  193, 
52  So.  629. 

Sec.  7331  Hemingway's  Code. 

4511.  School  boards — How  to  qualify — Compensation. 


PUBLIC  SCHOOLS  49 

—Members  of  the  county  school  board  shall  qualify  by  sub- 
scribing to  the  oath  of  office  before  the  superintendent,  and 
shall  receive  as  compensation  for  their  services  three  dollars 
for  each  day's  actual  service,  to  be  paid  as  teachers'  salaries 
are  paid ;  but  they  shall  not  be  paid  for  more  than  five  days 
in  any  one  year. 

Sec.  7332  Hemingway's  Code. 

4512.  School  boards —  Ex  officio  president — Bound- 
aries of  school  districts. — The  county  superintendent  shall 
be  president  of  the  school  board  and  shall  convene  it  annual- 
ly, prior  to  the  first  day  of  August,  to  define  the  boundaries 
of  the  school  districts  of  the  county  outside  of  the  separate 
school  districts  or  to  make  alterations  therein,  and  to  desig- 
nate the  location  of  the  school-house  in  each  district,  if  not 
already  located. 

Code  1906,  §  4512,  relative  to  meetings  of  the  county  school  board 
to  define  boundaries  of  school  districts,  did  not  prevent  holding  more 
than  one  such  meeting  in  the  same  year.  Purvis  v.  Robinson,  110 
Miss.  64,  69  So.  673 

Sec.  7333  Hemingways  Code. 

4513.  School  boards — Certain  institutions  of  learning 
considered. — In  districts  containing  not  more  than  one  char- 
tered institution  of  learning  the  board  shall  locate  the  public 
school,  if  it  be  so  desired  by  the  authorities  of  the  chartered 
institution,  with  the  consent  of  the  trustees  of  the  chartered 
institution,  at  the  site  thereof ;  and  the  public  school  shall  be 
conducted  in  accordance  with  the  rules  and  regulations  of 
the  chartered  institution  of  learning,  and  the  local  trustees 
of  public  schools,  and  the  trustees  of  the  chartered  school 
shall,  in  joint  session,  elect  teachers  for  the  public  school. 

CHAPTER  184. 
LAWS  1916. 

Sec.  7334  Hemingway's  Code 

4514.  School  boards — Separate  districts  for  the  races 
— Descriptions  of  districts — Interstate  line  schools. — Sep- 
arate districts  shall  be  madie  for  the  schools  of  the  white  and 
the  colored  races,  and  the  districts  for  each  race  shall  em- 
brace the  whole  territory  of  the  county  outside  the  separate 
school  districts.      A  regular  school  district  shall  not  contain 
less  than  forty-five  educable  children  of  the  race  for  which 


50  PUBLIC  SCHOOLS 

the  district  is  established,  except  where  too  great  distance 
or  impassable  obstructions  would  debar  children  from 
school  privileges,  in  such  cases  the  school  board  may,  in  its 
discretion,  establish  »a  regular  district  containing  not  less 
than  fifteen  educable  children.  In  places  where  swamps, 
large  streams,  or  other  bodies  of  water  or  marsh,  not  cross- 
ed by  foot  bridges,  render  it  impracticable  to  establish  reg- 
ular districts  as  above  provided,  the  school  board  may  es- 
tablish special  districts  for  such  children  as  live  in  the  forks 
or  bends  of  streams  or  other  bodies  of  water,  or  who  are 
prevented  from  attending  school  by  other  impassable  ob- 
structions; provided  that  a  special  district  shall  not  be  es- 
tablished for  less  than  ten  educable  children,  but  such  spe- 
cial district  may  contain  less  than  nine  square  miles  of  ter- 
ritory, and  the  whole  number  of  such  special  districts  in  a 
county  shall  not  exceed  one- fifth  of  the  number  of  regular 
districts.  Adjacent  parts  of  counties  may  by  the  county 
school  board  be  embraced  in  a  line  school  district,  the  super- 
intendent previously  consenting  thereto,  and  reporting  to 
the  board  of  the  territory  to  be  so  included.  Trustees  of 
such  districts  may  reside  in  either  county.  The  teacher  may 
be  licensed  in  either  county,  but  the  superintendent  must 
previously  agree  upon  the  amount  of  salary  to  be  paid  and 
each  must  contract  with  the  teacher  for  the  proportionate 
part  of  the  salary,  and  shall  require  teachers  monthly  to  re- 
port to  him  to  show  the  statistics  of  the  whole  school  and 
also  separately  of  his  county.  In  defining  boundaries  of 
school  districts  the  school  board  shall  pay  due  regard  to  the 
larger  water  courses  of  the  county,  using  part  of  them  as 
boundary  lines  whenever  practicable.  In  counties  not  laid 
off  into  townships  the  metes  and  bounds  of  the  school  dis- 
tricts shall  be  defined  by  streams  by  lines  of  farms  or  other- 
wise. 

"In  localities  where  the  state  line  between  Mississippi 
and  adjoining  states  divides  the  school  community  the  school 
board  may  establish  an  interstate  line  school  in  the  same 
manner  that  county  line  schools  are  established,  trustees  of 
such  schools  may  reside  in  either  state,  but  the  new  trustee 
shall  be  so  elected  as  to  give  each  state  the  majority  of  trus- 
tees alternately.  Teachers  may  be  licensed  in  either  stats 
and  the  amount  of  salary  to  be  paid  by  each  superintendent 
shall  be  adjusted  as  in  county  line  schools,  due  consideration 
being  given  to  any  difference  in  the  relative  amount  of 


PUBLIC  SCHOOLS  51 

school  fund  available  in  the  counties  in  which  the  interstate 
line  school  is  located.  The  text-books  used  shall  be  as 
equally  divided  between  the  adopted  books  of  the  two  states 
as  possible,  the  teacher  and  trustees  of  the  school  making 
the  apportionment  andi  reporting  the  same  to  the  superin- 
tendent for  approval." 

Sec.  7335  Hemingway's  Code. 

4515.  School  boards — Districts  so  made  that  all  child- 
ren can  attend. — The  districts  shall  be  so    arranged  as    to 
place  all  children  within  reasonable  distance  of    a    school- 
house  ;  and  one  public  school  shall  be  maintained  in  each  dis- 
trict ;  but  when  less  than  five  children  attend  school  in  a  dis- 
trict, the  school  shall  be  discontinued    by    the    superinten- 
dent at  the  end  of  any  scholastic  month. 

Sec.  7336  Hemingway's  Code. 

4516.  Attendance  out  of  proper  District. — Children 
residing  in  one  district  may  attend  school  in  another,  with 
the  consent,  in  writing,  of  the  trustees  of  both  districts  and 
of  the  county  superintendent  but  pupils  shall  not  be  allowed 
to  attend  more  than  one  term  during  a  scholastic  year. 

Public  School  Trustees. 

Sec.  7338  Hemingway's  Code. 

4518.  Trustees — Qualifications — How  elected. — There 
shall  be  three  trustees  for  each  of  said  school  districts,  each 
to  be  chosen  for  a  term  of  three  years,  but  so  chosen  that 
one  will  be  selected  every  year.      They  shall  be  persons  of 
good  character,  patrons  of  the  school,  and  able  to  read  and 
write.      The  trustees  shall  be  elected  by  the  patrons  of  the 
school,  except  in  separate  school  districts. 

CHAPTER  187. 
LAWS  1914. 

Sec.  7339  Hemingway's  Code. 

4519.  Trustees — When  and  how  elected  and  certified. 
—On  the  first  Saturday  in  May  of  each  year,  the  patrons 
of  each  district  not  constituting  a  separate  school  district 
shall  meet  at  the  school-house  at  two  o'clock  p.  m.,  organize 
and  elect  a  chairman  and  secretary,  and  elect  by  ballot,  one 
trustee  for  three  years.      At  every  such  meeting  the  holding 
over  trustees  shall  have  prepared  and  present  a  list  of  names 
and  patrons  entitled  to  vote  for  trustees.      The  chairman 


52  PUBLIC  SCHOOLS 

and  secretary  shall  forthwith  certify  the  result  of  the  elec- 
tion to  the  county  superintendent,  and  cause  the  certificate 
thereof  to  be  delivered  to  him  on  or  before  the  following 
Saturday.  If,  from  any  cause,  a  vacancy  occurs  in  the  of- 
fice of  trustee,  outside  of  a  separate  school  district,  the  coun- 
ty superintendent  shall  fill  the  same  by  appointment,  unless 
the  patrons  thereof  shall  fill  the  same  by  an  election  within 
ten  days  after  such  vacancy  occurs. 

Code  1892. 

Though  the  majority  of  the  trustees  of  a  school  are  among  those 
permitted  by  the  board  of  trustees  to  erect  a  boarding-house  on  the 
school  property,  with  an  agreement  that  it  shall  remain  their  property, 
the  agreement  as  to  its  remaining  the  builders'  property  is  not  void  as 
an  abuse  of  trust,  the  boarding-house  being  essential  to  the  successful 
conduct  of  the  school  and  being  'built  for  that  reason  and  not  to  en- 
able them  to  make  a  profit  out  of  their  trust.  Decell  v.  McRee,  83 
Miss.  423,  35  So.  940. 

CODE  1906. 

Sec.  7340  Hemingway's  Code. 

4520.  Trustees — Vacancy — How  filled. — If  from     a 
failure  to  qualify,  or  from  other  cause,  there  be  a  vacancy 
in  the  office  of  trustee,  outside  of  a  separate  school  district, 
the  county  superintendent  shall  fill  the  same  by  appoint- 
ment, in  writing ;  and  the  trustee  so  appointed  shall  hold  of- 
fice until  the  end  of  the  vacant  term,  and  until  his  successor 
be  elected. 

Chap.  187,  Laws  1914.  Sec.  7341  Hemingway's  Code. 

4521.  Trustees — Quorum — Executive  officer — Remov- 
als.— Two  of  the  trustees  constitute  a  quorum  to  transact 
business.       Upon  organization,  the  trustees  shall  select  a 
secretary,  whose  duty  it  shall  be  to  preside  at  all  meetings, 
to  make  reports,  and  to  perform  all  other  duties  required  by 
law.      If  a  trustee  refuse  to  'discharge  the  duties  of  the  of- 
fice or  refuse  to  patronize  the  school,  the  office  shall  become 
vacant,  and  the  county  superintendent  shall  appoint  anoth- 
er person  to  be  trustee. 

Code  1892. 

While  this  section  providing  that  existing  trustees  of  certain  sep- 
arate school  districts  should  remain  in  office  according  to  the  terms  of 
their  apointment  did  not  supersede  Laws  1888,  ch.  148,  appointing 
and  conferring  extraordinary  powers  upon  the  trustees  of  the  Hazle- 


PUBLIC  SCHOOLS  5.3 

hurst  public  schools,  yet  such  act  was  and  is  violative  of  Const.  1869, 
art.  8,  §  1  (Const.  1890,  §  201),  requiring  a  uniform  system  of  public 
schools.  Ellis  v.  Greaves,  82  Miss.  36,  34  So.  81. 

A  deed  conveying  land  to  the  trustees  of  a  township  for  school 
purposes  and  for  no  other  use  is  not  forfeited  by  a  nonuser  for  two 
and  one-half  years,  even  if  the  deed  be  assumed  to  be  upon  a  condi- 
tion subsequent.  Buck  v.  Macon,  85  Miss.  580,  37  So.  460. 

Chap.  187,  Laws  1914.  Sec.  7342  Hemingway's  Code. 

4522.  Trustees  to  select    teacher. — 2.    The    trustees 
shall  meet  annually  on  or  before  the  fifteenth  day  of  July  to 
select  a  teacher,  if  the  school  be  opened  during  the  winter 
term,  and  thep  shall  at  once  notify  the  county  superintend- 
ent of  their  selection  if  the  trustees  fail  so  to  report,  or  if 
the  teacher  fail  to  obtain  a  license,  the  superintendent  shall 
appoint  a  licensed  teacher  and  have  the  school  taught  dur- 
ing the  winter  term. 

Code  1906. 

A  false  report  of  a  public  school,  purporting  to  be  signed  by  one 
who  had  neither  been  elected  by  the  trustees  nor  appointed  nor  con- 
tracted with  by  the  superintendent  as  a  teacher  of  the  school,  did  not 
authorize  the  superintendent  to  issue  a  pay  warrant  thereon,  and 
hence,  though  false  in  fact,  and  though  the  superintendent  issued  a 
certificate  for  the  payment  of  salary  thereon,  could  not  be  the  subject 
of  forgery.  Moore  v.  Sate,  107  Miss.  181,  65  So.  126. 

Sec.  7343  Hemingway's  Code. 

4523.  Trustees — To  examine  enumeration. — The  trus- 
tees shall  scrutinize  carefully  the  enumeration  of  educable 
children  who  attend  the  school  made  by  the  teacher,  see  that 
the  children  of  the  district  and  none  others  are  included  in 
the  list,  and  certify  the  same  over  their  official  signatures 
placed  in  the  teacher's  register  at  the  end  of  the  list;  and 
the  enumeration  thus  reported  and  certified  shall  guide  the 
superintendent  in  determining  the  salary  of  the  teacher  for 
the  ensuing  year. 

Sec.  7344  Hemingway's  Code. 

4524.  Trustees — Other  duties. — The  trustees  may  sus- 
pend or  expel  a  pupil  for  misconduct,  and  shall  look  after 
the  interests  of  their  schools,  visit  the  same  at  least  once 
during  each  month  by  one  or  more  of  their  number,  see  that 
fuel  is  provided,  protect  the  school  property  and  care  for 
the  same  during  vacation,  and  arbitrate  difficulties  or  dis- 


54  PUBLIC  SCHOOLS 

putes  between  teachers  and  pupils ;  but  either  party  feeling 
aggrieved  by  their  decision,  may  appeal  to  the  county  super- 
intendent, and  from  (him  to  the  state  board  of  education. 
And  the  trustees  may  make  provision  for  the  comfort  and 
welfare  of  the  pupils ;  but  the  same  shall  not  involve  an  ex- 
penditure of  money  not  already  appropriated  for  the  pur- 
pose by  the  proper  authorities. 

CHAPTER  171. 
HOUSE  BILL  No.  609. 

AN  ACT  to  amend  chapter  185,  laws  of  1916,  entitled  "An  act  to 
amend  section  4525  of  the  code  of  1906,  giving  additional  powers 
to  the  trustees  of  separate  school  districts  so  as  to  give  the  trus- 
tees authority  to  suspend  and  dismiss  pupils  when  the  best  in- 
terest of  the  school  makes  it  necessary,"  so  as  to  authorize  trus- 
tees of  the  separate  school  districts  to  prepare  annually  a  bud- 
get for  the  support  of  the  public  schools,  to  employ  physical  in- 
structors and  visiting  nurses,  to  provide  for  medical  inspection 
of  pupils,  and  to  contract  with  superintendents,  principals  and 
teachers  for  a  term  of  years  and  to  make  salaries  payable  month- 
ly twelve  months  in  the  year  • 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  chapter  185,  laws  1916,  be,  and 
the  same  is  hereby  amended  to  read  as  follows : 

4525.  Trustees  of  Separate  School  Districts. — The 
powers  and  duties  of  separate  school  districts  are  as  fol- 
lows : 

(a)  To  prescribe  and  enforce  rules,  not  inconsistent 
with  law  or  those  prescribed  by  the  state  board  of  education, 
for  their  own  government  and  government  of  schools,  and 
to  transact  their  business  at  regular  and  special  meetings 
called  for  such  purpose,  notice  of  which  shall  be  given  each 
member. 

(b)  To  manage  and  control  the  school  property  with- 
in their  district,  and  to  employ  janitors. 

(c)  To  enforce  in  schools  the  course  of  study  and  the 
use  of  text  books  prescribed  and  adopted  by  the  proper  au- 
thorities. 

(d)  To  appoint  librarians  therefor,  and  enforce  the 
rules  prescribed  for  the  government  of  school  libraries. 


PUBLIC  SCHOOLS  55 

(e)  To  exclude  from  the  schools  and  school  libraries 
all  books,  or  papers,  of  a  sectarian,  partisan,  denominational 
or  immoral  character. 

(f )  To  visit  every  school  in  their  district  at  least  once 
in  each  month,  and  examine  carefully  into  its  management, 
condition  and  wants. 

(g)  To  maintain  all  the  schools  under  their  control 
for  an  equal  length  of  time  during  the  year. 

(h)  To  furnish  blackboards  and  other  necessary  fur- 
niture for  the  use  of  the  schools. 

(i)  To  elect  a  superintendent,  if  one  be  required,  and 
a  principal  for  each  of  the  schools,  and!  prescribe  their  pow- 
ers and  duties. 

(j)  To  elect  teachers,  fix  salaries,  terms  of  service, 
contract  with  them  and  impose  fines  and  penalties  for  neg- 
lect of  duty,  but  they  cannot  contract  with  a  principal  or 
teacher  who  does  not  hold  a  license  from  the  county  super- 
intendent. 

(k)  To  require  the  principals  of  each  school  to  keep 
the  records  thereof  in  such  a  manner  as  to  show,  by  age, 
race  and  sex,  the  educable  children  who  attend  the  school, 
the  enrollment  and  the  average  attendance,  and  at  the  end 
of  the  term  to  make  complete  term  report  to  the  trustees, 
showing  the  above  statistics  and  such  others  as*  may  be  re- 
quired of  the  county  superintendent  for  his  annual  report 
to  the  state  board  of  education.  The  secretary  of  the  trus- 
tees shall,  within  ten  days  after  the  close  of  the  term,  trans- 
mit their  report  to  the  county  superintendent ;  and  it  shall  be 
unlawful  for  the  superintendent  to  issue  pay  certificates  for 
the  last  month's  attendance  of  county  pupils  until  said  re- 
port is  filed  with  him. 

(1)  To  determine  annually  the  amount  of  money  re- 
quired for  the  support  of  the  public  schools  and  for  carry- 
ing into  effect  all  the  provisions  of  the  law  in  reference 
thereto  and  in  pursuance  of  this  provision  the  trustees  shall, 
on  or  before  the  fifteenth  of  July  of  each  year  submit  in 
writing  to  the  mayor  and  the  board  of  aldermen  a  careful 
estimate  of  the  whole  amount  of  money  to  be  received  from 
the  state  and  county  and  the  amount  required  from  the  mu- 
nicipality for  the  above  purpose. 


56  PUBLIC  SCHOOLS 

(m)  That  the  board  of  trustees  shall  also  have  au- 
thority and  it  shall  be  their  duty  to  suspend  or  dismiss  pu- 
pils, when  the  best  interest  of  the  schools  make  it  necessary. 

(n)  That  the  boards  of  trustees  shall  have  authority, 
acting  either  separately  or  jointly  with  the  other  boards  of 
trustees,  to  employ  physical  instructors  and  visiting  nurses, 
and  to  provide  for  medical  inspection  of  school  children. 

(o)  That  boards  of  trustees  shall  have  authority  to 
contract  with  superintendents,  principals  .and  teachers,  for 
a  term  of  years,  not  exceeding  three  years,  said  salaries  at 
the  option  of  the  boards  to  be  made  payable  monthly,  twelve 
months  in  the  year. 

Section  2.  That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  April  3,  1920. 

Code  1892. 

The  election  of  a  school  trustee,  though  subsequent  to  the  date 
fixed  by  law,  imparts  color  and  right  to  the  office  and  a  contract  with 
a  teacher  made  through  his  participation  in  the  proceedings  of  the 
board,  of  which  he  was  a  de  facto  member,  is  valid,  and  the  county 
superintendent  of  education  can  be  compelled  by  mandamus  to  give 
the  same  official  recognition.  Whitman  v.  Owen,  76  Miss.  783,  25 
So.  6'69. 

In  mandamus  by  a  teacher  to  enforce  her  rights  under  such  a  con- 
tract it  is  competent  to  show  that  the  trustee  had  been  recognized  as 
such  'by  the  county  superintendent  and  others.  Whitman  v.  Owen,  76 
Miss.  783,  25  So.  669. 

Code  1906. 

Code  1906,  §§  4525,  4623',  do  not  authorize  the  adoption  of  a  rule 
requiring  all  pupils  of  the  school  to  remain  in  their  homes  and  study 
between  designated  hours  in  the  evening.  Hobbs  v.  Germany,  94  Miss. 
469,  49  So.  515. 


PUBLIC  SCHOOLS  57 

CHAPTER  186. 
LAWS  1916. 

Sec.  7346  Hemingway's  Code. 

Transportation  of  public  school  children  into  a  separate 
district. — 8.  On  petition  of  a  majority  of  the  qualified  elec- 
tors of  a  county  public  school  district  and  on  approval  of  the 
trustees  of  a  municipal  separate  school  district  or  the  trus- 
tees of  a  rural  separate  school  district,  the  board  of  trustees 
of  the  said  county  public  school,  together  with  the  county 
superintendent,  may  provide  transportation  for  the  children 
of  said  county  public  school  to  said  separate  district  under 
rules  and  regulations  of  the  state  board  of  education ;  pro- 
vided, that  the  cost  to  the  county  of  tuition  and  transporta- 
tion shall  not  be  materially  more  than  the  average  cost  of 
county  pupils.  Tutition  and  transportation  expenses  shall 
be  paid  by  the  county  superintendent  from  the  public  school 
fund. 

Chap.  186,  Laws  1916.  Sec.  7347  Hemingways  Code. 

4526.  Trustees  of  separate  school  districts — How  chos- 
en.— The  schools  of  a  separate  district  shall  be  under  control 
of  five  trustees,  elected  in  a  municipal  separate  district  by 
the  board  of  mayor  and  aldermen,  on  the  second  Monday  in 
April  or  at  the  first  regular  meeting  prior  thereto ;  for  rural 
separate  districts  the  county  superintendent  shall  appoint 
the  trustees.  When  a  majority  of  the  qualified  electors  of 
a  rural  district  shall  petition  by  the  first  day  of  April  for 
the  appointment  of  certain  patrons  as  trustees,  the  county 
superintendent  shall  appoint  those  recommended.  For  line 
separate  school  districts,  the  trustees  shall  be  appointed  by 
the  county  superintendent  of  the  county  in  which  the  school 
building  is  situated.  Trustees  shall  be  patrons  of  the  school. 
The  conditions  of  eligibility  imposed  and  powers  granted 
trustees,  under  the  general  law,  shall  apply  to  the  trustees 
of  separate  school  districts,  and  they  shall  be  subject  to  the 
same  penalties,  and  to  removal  from  office  by  the  board  for 
neglect  of  duty,  but  no  member  of  the  board  of  aldermen, 
trustee  of  a  private  or  sectarian  school  or  college  in  the  same 
separate  school  district  shall  be  eligible  to  the  office  of  trus- 
tee. They  shall  be  chosen  for  a  term  of  three  years ;  two 
being  chosen  each  year  for  two  successive  years,  and  one  the 
third;  year  as  vacancies  occur. 


58  PUBLIC  SCHOOLS 

Code  1906. 

Code  1906,  §§4526,  4527,  were  not  retroactive  so  as  to  cause  the 
removal  of  trustees  who  were  competent  to  serve  at  the  time  of  their 
appointment  prior  to  the  adoption  of  'the  code.  Tucker  v.  State,  89 
Miss.  363,  42  So.  798. 

Chap.  186,  Laws  1916.  Sec.  7348  Hemingway's  Cede. 

Power  of  trustee. — 10.  Trustees  of  all  separate  districts 
are  custodians  of  the  school  property  and  shall  have  charge 
of  the  erection,  repairing  or  equipping  of  buildings,  and 
they  are  hereby  authorized  to  write  orders  to  the  clerk  of 
the  municipality  or  to  the  county  superintendent,  to  issue 
warrants  or  pay  certificates  on  any  available  school  funds 
of  such  school  districts. 

They  may  add  the  high  school  department  and  may  or 
may  not  charge  tuition  in  said  department  at  their  discre- 
tion. In  co-operation  with  the  principal  of  the  school  they 
may  prescribe  the  course  of  study  for  the  high  school  de- 
partment. 

Code  1906. 

Sec.  7349  Hemingway's  Code. 

4528.  As  to  all  school  trustees. — The  trustees  have  the 
power  to  exclude  from  the  schools  children  of  filthy  or  vici- 
ous habits,  or  children  suffering  from  contagious  or  infec- 
tious diseases. 

Sec.  7350  Hemingway's  Code. 

4529.  As  to  all  school  trustees — Nepotism  forbidden. 
— It  shall  be  unlawful  for  a  trustee  of  any  school  to  vote  for 
any  person  as  a  teacher  who  is  related  to  him  by  blood  or 
marriage  within  the  third  degree,  or  who  is  pecuniarily  de- 
pendent upon  him. 

CHAPTER  195. 
LAWS  1916. 

Sec.  7352  Hemingway's  Code. 

Taxation. 

Rural  school  districts — Tax  levy  in. — 1.  That  on  peti- 
tion of  the  majority  of  the  qualified  electors  of  any  rural 
school  district,  the  board  of  supervisors  shall  in  the  same 
manner  as  provided  for  separate  school  districts,  annually 


PUBLIC  SCHOOLS  59 

levy  a  tax  on  the  property  of  said  district  for  the  purpose 
of  supplementing  the  salaries  of  the  teachers  of  the  district, 
or  for  extending  the  school  term  thereof;  or  for  both  pur- 
poses. 

This  section  purports  to  amend  Laws  1914,  ch.  189,  §  2.  It  amends 
§  1  instead.      Laws  1914,  §  1  follows. 

CHAPTER  189. 
LAWS  1914. 

Sec.  7353  Hemingway's  Code. 

Tax  levy  in  districts  not  less  than  twelve  square  miles 
in  territory. — 1.  On  petition  of  the  majority  of  the  qualified 
electors  of  any  school  district  containing  not  less  than 
twelve  square  miles,  the  board  of  supervisors  shall  in  the 
same  manner  as  provided  for  separate  school  districts,  an- 
nually levy  a  tax  on  the  property  of  said  district  for  the  pur- 
pose of  supplementing  the  salaries  of  the  teachers  of  the  dis- 
trict, or  for  extending  the  school  term  thereof ;  or  for  both 
purposes. 

Chap.  189,  Laws  1914.  Sec.  7354  Hemingway's  Code. 

Collection  and  disbursement  of  such  taxes. — 2.  The 
tax  collector  shall  collect  the  taxes  of  such  districts  as  other 
taxes  are  collected,  and  deposit  same  with  the  county  treas- 
ury to  the  credit  of  the  several  districts,  respectively,  for 
which  said  taxes  are  levied.  Such  f  undfe  shall  be  disbursed 
on  pay  certificates  issued  by  the  county  superintendent,  on 
the  order  of  the  trustees  of  the  district. 

CHAPTER  127. 
LAWS  1908. 

Sec.  7355  Hemingway's  Code. 

Municipality  not  in  a  separate  school  district  may  levy 
special  tax. — 1.  Any  municipality  not  composing  a  separate 
school  district,  on  petition  of  a  majority  of  the  taxpayers  in 
such  municipality,  may  levy  an  annual  tax,  not  exceeding 
three  mills  on  the  dollar,  for  the  purpose  of  aiding,  as  the 
mayor  and  board  of  aldermen  may  see  fit,  in  the  education  of 
the  children  of  educable  age  living  within  such  municipal 
limits. 


60  PUBLIC  SCHOOLS 

CHAPTER  172. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Missipsipi,  That  House  Bill  No.  92,  chapter  197,  of 
the  acts  of  the  legislature  of  1914,  be  amended  so  as  to  read 
as  follows : 

That  the  board  of  supervisors  of  any  county  is  author- 
ized to  issue  bonds  of  the  county,  a  supervisors'  district  or  a 
school  district  containing  not  less  than  sixteen  (16)  square 
miles,  or  of  any  school  district  with  an  assessed  valuation  of 
not  less  than  one  hundred  thousand  dollars  ($100,000.00) 
excluding  in  each  case,  the  territory  embraced  within  sepa- 
rate school  district,  for  the  purpose  of  erecting,  repairing 
and  equipping  school  buildings  for  the  county,  a  supervisors 
district,  or  a  school  district  as  the  case  may  be. 

Section  2.  Whenever  a  majority  of  the  resident  tax 
payers  of  a  county,  of  a  supervisors'  district  or  of  a  school 
district  containing  not  less  than  sixteen  (16)  square  miles, 
or  of  any  school  district  with  an  assessed  valuation  of  not 
less  than  one  hundred  thousand  dollars  ($100,000.00),  shall 
petition  the  boandi  of  supervisors  to  issue  bonds  for  the  pur- 
poses hereinbefore  stated,  the  board  of  supervisors  of  such 
county  shall  issue  bonds  of  the  county  of  a  supervisors'  dis- 
trict or  of  a  school  district,  according  to  the  direction  of  the 
petitioners,  not  to  exceed  five  per  centum  (5%)  of  the 
assessed  value  of  the  county,  if  it  be  for  the  county ;  or  of 
the  district  if  it  be  for  a  supervisors'  district ;  or  of  a  school 
district,  if  it  be  for  a  school  district,  said  bonds  to  be  issued 
in  the  manner  provided  in  the  chapter  on  municipalities. 

When  a  county,  a  supervisors'  district  or  a  school  dis- 
trict shall  become  obligated  through  the  sale  of  bonds  as  in- 
dicated herein,  it  shall  be  the  duty  of  the  board  of  super- 
visors to  levy  a  tax  annually  on  the  taxable  property  of  the 
county,  or  supervisors'  district,  or  school  district,  as  the 
case  may  be,  sufficient  to  pay  the  interest  on  said  bonds  and 
to  create  a  sinking  fund  for  their  redemption. 

Section  3.  On  petition  of  a  majority  of  the  qualified 
electors  of  any  public  school  district  in  a  county,  the  board 
of  supervisors  shall  levy  a  tax  on  the  property  of  that  dis- 
trict for  the  purpose  of  supplementing  salaries  of  teachers, 


PUBLIC  SCHOOLS  61 

extending  school  term,  buying  furniture  for  the  school,  re- 
pairing school  building,  or  for  fuel  and  other  incidental  ex- 
penses of  the  school  in  said  district. 

Section  4.  The  tax  collector  shall  collect  the  taxes 
levied  under  the  provisons  of  this  act  as  other  taxes  are  col- 
lected and  deposit  the  same  with  the  county  treasurer  to  the 
credit  of  the  county  or  district  for  which  it  was  levied.  Such 
funds  shall  be  disbursed  on  pay  certificates  issued  by  the 
county  superintendent  on  the  order  of  the  county  school 
boar:"  for  the  county  or  supervisors'  district,  and  the  order 
of  the  school  trustees  for  the  school  district. 

Section  5.  That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 

HOUSE  BILL  No.  134. 

AN  ACT  to  amend  sections  3  and  4  of  chapter  147  of  the  laws  of  1914 
relative  to  the  issuance  of  bonds  by  cities  of  8,000  or  more  inhabi- 
tants, so  as  to  permit  such  cities  to  issue  bonds  for  the  purpose  of 
raising  money  for  the  erection  and  purchase  of  municipal  and 
school  buildi  gs,  and  for  the  purchase  of  land  therefor,  and  for 
improvement,  repair  and  adornment  thereof,  and  for  the  con- 
struction of  bridges,  wharves,  docks,  terminals  and  harbors  and 
establishment  of  landings  and  the  purchase  of  land  therefor;  and 
the  repair  and  improvement  thereof;  and  that  the  amount  of  such 
bonds  may  exceed  ten  per  centum  but  in  no  case  to  exceed  fifteen 
per  ce'itum  such  municipality;  and  to  provide  that  the  limit  on 
the  amount  of  which  has  been  or  will  be  invested  in  enterprises 
producing  or  having  sufficient  revenue  over  and  above  their  op- 
erating expenses. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  3  of  chapter  147  of  the 
laws  of  1914,  be  so  amended  as  to  read  as  follows : 

"The  amount  that  may  be  issued  by  cities  having  8,000 
or  more  inhabitants  for  the  purpose  of  improving  or  paving 
streets  or  sidewalks,  or  constructing  or  otherwise  acquir- 
ing water  works,  gas,  electric  plants,  and  for  the  im- 
provement, repair  and  extension  thereof,  or  erecting  or 
otherwise  acquiring  municipal  and  schoorbuildings  and  the 
purchase  of  such  buildings  or  the  land  therefor,  and1  the 
improvement,  repair  and  adornment  thereof,  or  construct- 


62  PUBLIC  SCHOOLS 

ing  bridges  wharves,  docks,  harbors,  terminals  and  the  es- 
tablishment of  landings,  and  the  purchase  of  land  therefor, 
and  the  repair  and  improvement  therefor,  may  exceed  ten 
per  centum,  but  in  no  case  exceed  fifteen  per  centum  of 
the  assessed  value  of  the  taxable  property  of  such  muni- 
cipality which  shall  be  submitted  to  an  election  as  pro- 
vided in  section  2  of  said  Chapter  147." 

Sec.  2.  That  section  4  of  said  Chapter  147,  be  so 
amended  as  to  read  as  follows : 

The  limit  on  the  amount  of  bonds  that  may  be  issued 
shall  not  apply  to  bonds  or  other  obligations  issued  for 
liquidation  or  to  raise  funds  to  liquidate  any  indebtedness 
when  this  act  becomes  operative,  or  to  bonds,  the  proceeds 
of  which  have  been  or  will  be  invested  in  enterprises  pro- 
ducing or  having  sufficient  revenue  over  and  above  their 
operating  expenses  to  pay  the  interest  on  these  bonds. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  19,  1920. 

CHAPTER  257. 
LAWS  1918. 

AN  ACT  providing  for  the  levying  of  a  per  capita  fuel  tax  in  any  pub- 
lic school  district  on  the  patrons  of  the  school. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississipi,  That  upon  the  presentation  of  a  petition 
signed  by  a  majority  of  the  patrons  of  any  public  school 
district  to  the  board  of  supervisors  on  or  before  the  first 
Monday  in  September  of  any  year,  asking  that  a  per  capita 
tax  for  fuel  for  the  use  of  the  school  be  assessed  upon  the  pa- 
trons of  the  school,  the  board  of  supervisors  shall  authorize 
and  empower  the  board  of  trustees  of  said  school  district 
to  assess  upon  the  patrons  of  the  school  of  the  district  and 
collect  from  them  a  fuel  tax  sufficient  to  meet  the  needs  of 
the  school  for  the  ensuing  session,  the  same  to  be  prorated 
according  to  the  number  of  educable  hildren  in  the  district ; 
provided  that  any  patron  shall  be  allowed  to  pay  this  fuel 
tax  in  wood  or  other  suitable  fuel  if  same  is  delivered  at 
the  school  building  by  the  end  of  the  first  scholastic  month 


PUBLIC  SCHOOLS  63 

of  the  said  school  term.  Provided,  further  that  the  trustees 
shall  have  power  in  their  discretion  to  exempt  from  the  pro- 
visions of  said  tax  patrons  who  are  dependent  widows,  and 
other^  patrons  whose  financial  or  physical  condition  may 
render  them  incapable  of  paying  said  tax.  In  collecting 
the  tax  as  authorized  by  the  above  provision  the  trustees 
shall  have  the  same  powers  as  are  now  given  the  sheriff  in 
the  collection  of  the  commutation  road  tax. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

CHAPTER  197. 
LAWS  1914. 

Sec.  7358  Hemingway's  Code. 

Tax  Levy  For  Fuel  For  School  Purposes — On  a  petition 
of  a  majority  of  the  qualified  electors  for  the  public  school 
district  in  a  county,  the  Board  of  Supervisors  shall  levy 
a  tax  on  the  property  of  that  district  to  provide  fuel  and 
other  incidental  expenses  of  the  school  in  said  district. 

CHAPTER  186. 
LAWS  1916. 

4530.  Separate  school  districts. — 1.  Any  municipal- 
ity, by  an  ordinance  of  the  mayor  and  board  of  aldermen 
thereof,  or  any  unincorporated  district  with  an  assessed  tax- 
able valuation  of  not  less  than  two  hundred  thousand  dollars 
($200,000.00),  or  any  unincorporated  district  of  not  less 
than  sixteen  square  miles,  by  the  county  school  board  or 
county  school  boards,  on  a  petition  of  a  majority  of  the 
qualified  electors  therein,  may  be  declared  a  separate  school 
district,  but  shall  not  be  entitled  to  the  rights  andl  privileges 
of  a  separate  school  district  unless  a  free  public  school  shall 
be  maintained  therein  for  a  term  of  at  least  seven  months 
in  each  scholastic  year;  provided,  that  there  is  an  average 
attendance  of  twenty-five  pupils. 

Code  1906. 

Under  Code  1906,  §  4530,  interpreted  in  connection  with  §§  4510, 
4533  and  4534,  each  county  has  a  right  to  act  for  itself  in  the  creation 
of  a  separate  district  of  unincorporated  territory,  ar.d  a  separate 


64  PUBLIC  SCHOOLS 

school  district  of  unincorporated  territory  can  not  be  created  unless  it 
is  wholly  within  one  county,  except  that  territory  in  different  coun- 
ties adjoining  a  municipality  which  is  a  separate  school  district  may 
be  included  in  such  district.  Jones  County  v.  Grisson,  97  Mise.  193, 
52  So.  629. 

It  is  not  necessary,  in  order  that  a  separate  school  district  be 
created  by  a  municipality,  that  it  be  shown  that  the  district  can  main- 
tain a  school  for  a  term  of  seven  months  or  that  it  be  petitioned  by 
a  majority  of  the  qualified  electors.  Mebane  v.  Hickory  Flat,  99 
Miss.  592,  55  So.  359. 

In  Const.  1890,  §  90,  par.  "p,"  the  word  "incorporating"  was  not 
used  in  a  technical  sense  as  signifying  a  corporation,  but  was  applic- 
able to  common  and  private  schools  alike  and  since  Code  1906,  §  4530, 
provides  the  method  whereby  separate  school  districts  may  be  estab- 
lished, Laws  1912,  ch.  288  authorizing  the  school  board  of  Harrison 
County  to  establish  a  separate  school  district  in  that  county,  was  un- 
constitutional as  a  special  law,  and  invalid.  Hewes  v.  Langford,  105 
Miss.  375,  62  So.  358. 

Declaration  by  a  mayor  and  board  of  aldermen  of  a  municipality 
that  its  territory  should  constitute  a  separate  school  district  was  in- 
operative where  the  territory  had  been  formerly  incorporated  with  a 
district  formed  by  another  municipality.  Carrollton  v.  North  Car- 
rollton,  109  Miss.  344,  69  So.  483. 

CHAPTER  180. 
LAWS  1918. 

HOUSE  BILL  NO.  320. 

AN  ACT  to  amend  section  7,  chapter  186,  laws  1916,  so  as  to  authorize 
county  superintendents  of  education  to  pay  for  children  of  their 
county  attending  a  separate  school  district  in  an  adjoining  county. 

Section  1.  Be  it  enacted  by  the  Legisature  of  the  State 
of  Mississippi,  That  section  7,  chapter  186,  laws  of  1916,  be 
amended  to  read  as  follows : 

County  children  may  attend  the  schools  of  a  separate 
school  district,  either  in  their  own  county  or  in  adjoining 
county,  and  the  county  shall  pay  the  separate  school  dis- 
trict they  attend  an  amount  per  child  equal  to  the  cost  per 
child  to  the  county  in  the  county  public  schools  for  the  pre- 
cedling  session,  each  race  being  calculated  separately,  but  a 


PUBLIC  SCHOOLS  65 

child  in  the  county  shall  not  attend  school  in  a  separate 
school  district  without  the  consent  in  writing  of  the  trustees 
thereof,  the  trustees  of  the  school  in  his  district,  and  the 
county  superintendent  of  education. 

Sec.  2.  That  chapter  180,  laws  of  1918  is  hereby  re- 
pealed. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  17,  1920. 

HOUSE  BILL  NO.  337. 

AN  ACT  to  amend  section  4516  of  the  code  of  1906  so  as  to  allow 
children  to  attend  school  in  an  adjoining  county  and  be  paid  for 
by  the  county  in  which  they  reside. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  That  section  4516  of  the  code  of  1906  be 
amended  so  as  to  read!  as  follows : 

4516.  Attendance  Out  of  Proper  District. — Children 
residing  in  one  district  may  attend  school  in  another  district 
either  in  their  own  or  in  an  adjoining  county  with  the  con- 
sent in  writing  of  the  trustees  of  both  districts,  andl  of  the 
county  superintendent,  or  county  superintendents,  as  the 
case  may  be ;  such  children  shall  be  enrolled  and  paid  for 
by  the  county  in  which  they  reside,  in  the  same  manner  as 
public  school  teachers  of  line  schools  are  paid.  Pupils  shall 
not  be  allowed  to  attend  more  than  one  term  during  the 
scholastic  year. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved!  March  15,  1920. 

CHAPTER  186. 
LAWS  1916. 

Sec.  7361  Hemingway's  Code. 

4533.     Territory  to  be  added  to  separate  school  dis- 
trict.— 2.     Any  part  of  a  county  or  counties  adjoining    a 
municipality  which  is  a  separate  school   district  may  be' 
added  to  such  district  by  the  county  school  board  upon  peti- 


66  PUBLIC  SCHOOLS 

tion  of  a  majority  of  the  qualified  electors  of  the  territory 
proposed  to  be  added  provided  such  petition  shall  have  been 
approved  by  the  trustees  of  the  separate  district. 

Code  1892. 

Code  1892,  §  3018  (Code  1906,  §  3421),  has  no  reference  to  rail- 
roads, and  a  municipality,  being  a  separate  school  district,  can  not 
assess  taxes  for  school  purposes  on  a  railroad  track  and  right  of  way 
outside  its  corporate  limits,  though  such  property  is  embraced  in  an 
extension  of  territory  made  under  this  section.  New  Albany  v.  Kan- 
sas City  &c.  R.  Co.,  76  Miss.  Ill,  23  So.  546. 

Under  Code  1906,  §  4533,  an  ordinance  of  the  mayor  and 
board  of  aldermen  of  a  town  adding  additional  territory  to  a  separate 
school  district  was  not  invalid  because  not  published  or  recorded  in 
the  ordinance  book,  there  being  no  such  requirement  in  the  statute. 
Wallace  v.  State,  104  Miss.  83,  61  'So.  162. 

Under  Laws  1912,  ch.  129,  the  ordinance  attempting  to  release 
territory  from  the  district  was  void  where  it  did  not  recite  that  it  was 
passed  pursuant  to  a  petition  of  the  resident  freeholders  of  the  terri- 
tory, since  the  board  was  exercising  a  limited  and  special  jurisdiction, 
and  the  existence  of  all  facts  necessary  to  confer  such  jurisdiction 
must  affirmatively  appear  from  the  ordinance.  Wallace  v.  State,  104 
Miss.  83,  61  So.  162. 

Laws  1912,  ch.  129,  providing  that  the  board  of  aldermen  "may" 
release  territory  added  to  a  separate  school  district,  is  mandatory. 
Carrollton  v.  North  Carrollton,  109  Miss.  494,  69  So.  179. 

CHAPTER  173. 
HOUSE  BILL  NO.  628. 

An   ACT   to  amend  chapter  181   laws   of   1918   amending   section   3, 
chapter  186,  laws  of  1916  so  as  to  provide  for  the  approval  of 
the  entire  added  territory  for  the  release  of  any  territory  lying 
outside  of  corporate  limits  of  the  municipality. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  3  of  chapter  186  of  the 
laws  of  1916  as  amended  by  chapter  181  of  the  laws  of  1918 
be  amended  so  as  to  read  as  follows : 

That  the  mayor  and  board  of  aldermen  of  any  muni- 
cipality in  this  state  constituting  a  separate  school  district 


PUBLIC  SCHOOLS  67 

shall  release  from  such  district  any  part  of  the  added  ter- 
ritory lying  outside  of  the  corporate  limits  on  a  petition 
of  a  majority  of  the  qualified  electors  of  the  territory  pro- 
posed to  be  released,  provided  no  territory  shall  be  released 
as  herein  provided  unless  all  the  territory  is  included  in  the 
petition  for  release  which  was  included  in  the  original  peti- 
tion admitting  that  particular  territory;  provided  further 
that  no  territory  shall  be  released  as  herein  provided  if  the 
release  of  such  territory  would  entirely  sever  or  separate 
from  the  municipality  other  territory  not  released  from  the 
municipality  constituting  such  separate  school  district,  pro- 
vided that  said  municipal  separate  school  district,  has  no 
outstanding  bonded  indebtedness,  and  provided  further  that 
no  petition  for  release  shall  be  presented  to  mayor  and 
board  of  aldermen  later  than  June  the  first  of  each  year.  An 
order  shall  be  entered  on  the  minutes  of  the  board  of  alder- 
men describing  that  part  of  the  added  territory  that  is  re- 
leased1. 

Section  2.     That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 
Approved  April  3,  1920. 

CHAPTER  179. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  4  of  House  Bill  No.  161, 
chapter  186  of  Laws  1916,  be  and  the  same  is  hereby  amen- 
ded to  read  as  follows : 

Sec.  4.  Municipal  separate  districts;  tax  levy,  bond 
issue. — The  mayor  and  board  of  aldermen  of  a  municipal- 
ity constituting  a  separate  school  district,  whether  such  dis- 
trict is  composed  alone  of  the  corporate  limits  or  the  cor- 
porate limits  and  added  territory,  shall  annually  levy  a  tax 
on  the  entire  separate  district  sufficient  to  pay  for  fuel  and 
other  necessaries  for  the  public  schools  of  the  district,  also 
for  maintaining  the  school  after  the  four  months  term  pro- 
vided by  the  state,  or  to  supplement  during  said1  four 
months.  The  mayor  and  board  of  aldermen  of  such  muni- 
cipality may  also  levy  a  tax  on  the  entire  school  district,  in- 
cluding added  territory,  to  erect,  repair  and  equip  school 
buildings  including  teachers'  homes,  and  may  issue  bonds 


68  PUBLIC  SCHOOLS 

on  the  separate  district  for  that  purpose  in  the  manner  pro- 
vided in  the  chapter  on  municipalities.  The  taxable  pro- 
perty of  such  added  territory  to  such  municipality  shall  be 
assessed  and  the  tax  collected  for  all  school  purposes,  in- 
cluding bond  issues  for  schools  (whether  issued  in  the  name 
of  the  municipality  or  of  such  school  district) ,  in  the  same 
manner  as  on  the  property  within  the  corporate  limits;  on 
the  question  of  levy  for  school  and  of  issuance  of  school 
bonds  provided  for  in  this  section  the  qualified  electors  and 
the  tax  payers  have  the  same  rights  and  benefits  as  those 
within  the  corporate  limits  of  such  municipality.  For  the 
purpose  of  an  election  on  a  question  pertaining  to  schools, 
such  municipality  shall  cause  the  qualified  electors  in  such 
added  territory  to  be  registered  in  like  manner  as  those 
within  the  corporate  limits,  and  governed  by  the  same  laws 
as  far  as  applicable. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

CHAPTER  256. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  all  municipal  and  unincorporated 
separate  school  districts,  and  all  consolidated  school  dis- 
tricts, which  have  exercised  the  privileges  and  franchises  of 
a  school  district  for  a  period  of  two  years  shall  in  all  cases 
conclusively  presumed  to  have  been  legally  established  and 
organized. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

CHAPTER  255. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  that  children  of  educable  age  residing 
in  separate  school  districts  may  attend  any  county  public 
school  within  reach  of  their  homes,  and  be  enrolled  as  pupils 
in  said  county  public  school  and  paid  for  out  of  the  public 
school  fund  of  said  separate  school  district  in  such  manner 
and  under  such  regulations  as  may  be  prescribed  by  the 


PUBLIC  SCHOOLS  69 

board  of  trustees  of  said  separate  school  district;  provided, 
•that  no  children  shall  be  so  enrolled  and  paid  for  except 
with  the  consent  in  writing  of  the  trustees  of  both  the  sep- 
arate school  district  and  the  county  public  school,  and  also 
of  the  county  school  supervisor,  or  county  superintendent. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

CHAPTER  260. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  in  a  county  or  counties  where  there 
are  Indian  children,  or  children  of  any  race  not  otherwise 
provided  for  by  law  with  educational  advantages  sufficient 
to  form  a  school,  the  county  'school  board  or  boards  may 
locate  one  or  more  schools  exclusively  for  Indians,  or  child- 
ren of  such  other  race,  and  pay  salaries  of  teachers  for  same 
under  rules  and  regulations  prescribed  by  the  state  board 
of  education.  Special  licenses  may  be  provided  by  the  state 
board  of  examiners  for  teachers  of  Indian  schools  and  other 
schools  mentioned  in  this  section. 

Sec.  2.  That  trustees  of  municipal  separate  school  dis- 
tricts are  authorized  and  empowered  to  provide  schools  for 
Indian  children  living  within  the  district  in  the  same  man- 
ner and  under  the  same  regulations  as  schools  are  provided 
for  the  children  of  other  races. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

CHAPTER  259. 
LAWS  1918. 

AN  ACT  authorizing  the  transportation  of  children  within  a  separate 
school  district. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  The  trustees  of  all  separate  school  dis- 
tricts are  authorized  and  empowered  to  provide  transpor- 
tation when  necessary  for  the  children  in  their  respective  dis- 
tricts who  live  two  miles  o<r  more  from  the  school  house, 


70  PUBLIC  SCHOOLS 

and  pay  for  same  out  of  the  school  funds  of  the  district,  as 
teachers'  salaries  are  paid. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

CHAPTER  186. 
LAWS  1916. 

Sec.  7364  Hemingway's  Code. 

Rural  separate  district — Tax  levy — Bond  issues. — 5. 
For  separate  school  districts  having  no  municipal  organi- 
zation, the  board  of  supervisors  on  petition  of  a  majority 
of  the  qualified  electors  shall  levy  a  tax  sufficient  to  pay 
for  fuel  and  other  necessities  for  its  public  schools,  and 
shall  make  such  levy  of  taxes  as  may  be  necessary  to  main- 
tain the  schools  after  the  expiration  of  the  four  months' 
term  provided  for  by  the  State,  or  to  supplement  during 
the  four  months'  term.  The  supervisors  may  also  levy 
taxes  to  erect,  repair  and  equip  school  buildings  and 
houses,  and  may  issue  bonds  for  that  purpose  in  the  manner 
provided  in  the  chapter  on  municipalities.  In  separate 
school  districts  lying  in  two  or  more  counties  the  board  of 
supervisors  of  each  county  shall  levy  the  required  tax  in 
their  respective  counties  on  such  petition,  and  it  shall  not 
be  necessary  that  a  majority  of  the  qualified  electors  of 
such  district  in  each  county  shall  sign  the  petition,  but  a 
majority  of  all  the  qualified  electors  of  district,  regardless 
of  county  lines,  shall  be  sufficient  to  require  the  several 
boards  of  supervisors  to  levy  the  tax,  and  when  the  amount 
of  the  required  tax  shall  be  once  fixed,  it  shall  remain  the 
same  for  each  successive  year  so  long,  as  the  district  is 
maintained,  unless  changed  by  a  petition  of  a  majority  of 
the  qualified  electors  of  the  district.  The  tax  assessor  or 
assessors  shall  make  a  separate  assessment  of  such  dis- 
tricts, and  the  county  tax  collector  or  collectors,  shall  collect 
the  same  each  year  and  deposit  it  with  the  county  treasurer, 
or  treasurers,  to  the  credit  of  the  district  for  which  it  was 
levied.  Provided,  however,  where  separate  school  districts 
be  created  after  the  assessor's  roll  shall  have  been  completed 
for  the  year,  that  the  tax  collector  for  such  year  shall  col- 
lect the  tax  on  said  district  basing  the  same  on  previous 
assessment.  Such  funds  shall  be  disbursed  on  pay  certifi- 
cates issued  by  the  county  superintendent  or  superintendents 


PUBLIC  SCHOOLS  71 

when  he  or  they  shall  have  received  an  order  from  the 
trustees  of  the  district,  pay  certificates  to  be  prorated  ac- 
cording to  the  amount  in  each  treasury  to  the  credit  of  such 
district. 

CODE  1906. 

A  railroad  could  not  enjoin  the  collection  of  a  tax  for  the  sup- 
port of  school  districts  created  after  February  1st  under  Laws  1910, 
ch.  217.  Illinois  &c.  R.  Co.  v.  Middleton,  109  Miss.  199,  68  Sc\  146. 

Chap.  186,  Laws  1916.  Sec.  7365  Hemingway's  Code. 

To  provide  for  the  consolidation  of  municipal  separate 
school  districts. — 6.  That  where  two  or  more  municipali- 
ties lying  adjacent  to  or  near  each  other  desire  to  do  so, 
they  may  join  in  forming  and  maintaining  a  joint  separate 
school  district,  that  where  the  people  of  such  municipali- 
ties desire  to  come  under  the  provisions  of  this  bill,  separate 
petitions  may  be  circulated  in  each  municipality,  praying 
the  mayor  and  board  of  aldermen  or  the  municipal  com- 
missioners where  the  municipality  is  operating  the  com- 
mission form  of  government,  praying  for  the  uniting  of  the 
said  municipalities  in  one  separate  school  district;  and  if 
the  said  petition  be  signed  by  a  majority  of  the  qualified 
electors  of  such  municipality,  in  each  of  the  municipalities 
respectively  the  mayor  and  board  of  aldermen  shall  pass 
an  ordinance  adopting  this  chapter.  When  said  chapter  is 
adopted  as  aforesaid  the  boards  of  each  municipality  shall 
meet  in  joint  session  at  a  place  to  be  agreed  upon  or  in  case 
they  can  not  agree  then  at  the  place  of  meeting  of  the  board 
of  mayor  and  aldermen  of  the  larger  municipality  and  shall 
make  a  joint  levy  of  taxes  for  the  support  of  the  joint  sep- 
arate school,  which  tax  shall  be  collected  in  each  municipali- 
ty by  its  local  tax  collector  and  paid  into  its  local  treasury 
subject  to  the  order  of  trustees  herein  provided  for  in  sup- 
port of  the  joint  separate  school.  The  said  separate  school 
shall  be  governed  and  controlled  by  a  board  of  five  trustees 
to  be  elected  on  the  second  Monday  in  April  or  at  the  first 
regular  meeting  prior  thereto,  the  sidd  trustees  to  be  ap- 
portioned between  the  said  municipalities  according  to  the 
number  of  educable  children  in  said  entire  separate  school 
district,  the  board  of  mayor  and  aldermen  or  commissioners 
of  each  municipaliy  to  elect  the  number  of  trustees  to  which 
it  is  entitled.  The  said  board  of  trustees  shall  have  the  pow- 


72  PUBLIC  SCHOOLS 

ers  and  be  charged  with  the  duties  of  other  municipal  sep- 
arate school  district  trustees. 

HOUSE  BILL  No.  647. 

AN  ACT  to  provide  methods  by  which  counties  may  borrow  money  in 
anticipation  of  taxes,  and  repealing  section  334  of  the  code  of 
1906  and  chapter  121  of  the  laws  of  Mississippi  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  in  counties  in  Mississippi  having 
more  than  thirty  thousand  inhabitants,  the  board  of  super- 
visors may  borrow  money  not  exceeding  $100,000.00  in  one 
year  in  anticipation  of  taxes,  and  in  counties  of  less  than 
thirty  thousand  inhabitants  not  more  than  $50,000.00  in 
one  year,  in  anticipation  of  taxes,  for  the  purpose  of  defray- 
ing the  expenses  of  the  county,  and  may  issue  their  nego- 
tiable notes  therefor  maturing  not  later  than  February  15th 
of  the  year  succeeding  the  year  in  which  they  are  issued. 
And  the  board  may  borrow  said  money  as  hereinbefore  pro- 
vided from  its  county  treasurer,  who  is  authorized  to  lend 
said  board  not  exceeding  said  amount  out  of  any  fund  or 
funds  in  the  treasury  of  the  county  not  otherwise  appro- 
priated, for  the  expense  of  the  current  year.  The  notes 
herein  authorized  shall  bear  interest  at  a  rate  to  be  fixed 
by  the  board,  not  exceeding  six  per  cent  per  annum,  and 
said  interest  may  be  evidenced x  by  coupons  attached  to  said 
notes,  and  said  notes  shall  be  payable  at  any  place  to  be 
named  by  the  board  of  supervisors. 

For  the  payment  of  such  loan  the  board  of  supervisors 
shall  levy  a  special  tax  each  year  sufficient  to  pay  the 
amount  borrowed  for  use  that  year,  with  interest,  and  such 
notes  shall  be  paid  out  of  the  first  money  collected  for  taxes 
for  the  year  in  which  they  are  issued.  Said  notes  shall  not 
be  issued  until  the  board  of  supervisors  shall  have  published 
notice  of  its  intention  to  issue  same,  said  notice  to  be  pub- 
lished, once  each  week  for  three  weeks  in  some  newspaper 
having  a  general  circulation  in  said  county,  with  not  less 
than  twenty^one  days  nor  more  than  sixty  days  intervening 
between  the  time  of  .the  first  notice  and  the  meeting  at 
which  said  board  proposes  to  issue  such  notes,  and  if  within 
that  time  ten  per  cent  of  the  adult  tax  payers  of  the  county, 
exclusive  of  those  who  pay  poll  tax  only,  shall  protest 


PUBLIC  SCHOOLS  73 

against  the  issuance  of  such  notes,  then  said  notes  shall  not 
be  issued  unless  authorized  by  a  majority  of  the  qualified 
electors  of  said*  county,  voting  at  an  election  to  be  called  and 
held  for  that  purpose. 

Sec.  2.  That  section  334  of  the  Mississippi  code  of 
1906  and  chapter  121  of  the  laws  of  Mississippi  1918,  and 
all  other  laws  and  parts  of  laws  in  conflict  herewith,  be  and 
the  same  are  hereby  repealed. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  17,  1920. 

HOUSE  BILL  NO.  211. 

AN  ACT  to  amend  section  2  of  chapter  209  of  the  laws  of  1918,  so  as 
to  authorize  borrowing  by  municipalities  without  electon,  in 
anticipation  of  collections  under  special  assessments. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  2  of  chapter  209  of  the 
laws  of  1918  be,  and  the  same  hereby  is  amended  to  read  as 
follows : 

That  no  interest  bearing  debt,  except  as  provided  in 
section  1  of  this  act,  shall  be  incurred  in  any  county,  muni- 
cipality or  other  taxing  district,  unless  authorized  by  a 
majority  of  the  electors  who  shall  vote  in  an  election  called 
for  that  purpose ;  but  this  shall  not  prevent  either  a  muni- 
cipality or  county  from  borrowing  money  in  anticipation 
of  taxes  as  now  provided  by  law,  nor  shall  this  section  ap- 
ply to  special  assessments  levied  by  municipalites  for  pub- 
lic improvements,  or  to  debts  incurred  in  anticipation  of 
collections  under  such  assessments. 

Sec.  2.     That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 
Approved  March  6,<  1920. 

CHAPTER  183. 
LAWS  1914. 

Sec.  7366  Hemingway's  Code. 

Teachers'  salaries — Supervisors  may  borrow  money  to 
pay  in  certain  cases. — 1.  The  boards  of  supervisors  in  the 


74  PUBLIC  SCHOOLS 

various  counties  be  and  the  same  are  hereby  authorized  to 
borrow  money  to  pay  teachers'  salaries  during  the  fall 
months  of  the  session  when  there  is  no  school  funds  in  the 
treasury  for  this  purpose. 

Chap.  183  Laws  1914.  Sec.  7367  Hemingway's  Code. 

Interest  and  principal  of  sum  borrowed — How  to  be 
paid. — 2.  That  whatever-  interest  is  necessary  shall  be 
taken  care  of  by  an  appropriation  out  of  the  general  county 
fund,  or  out  of  the  funds  of  separate  school  districts,  when 
money  is  borrowed  for  their  account.  The  principal  of  the 
amount  borrowed  as  indicated  in  the  first  section  of  this 
act,  shall  be  refunded  out  of  the  common  school  fund'  of  the 
county  or  out  of  the  funds  of  the  separate  school  districts 
after  it  has  been  distributed  by  the  state,  or  collected  by 
legal  levies  in  the  county  or  separate  districts. 

CHAPTER  207. 
SENATE  BILL  No.  473. 

AN  ACT  to  amend  section  1  of  chapter  183  of  the  laws  of  1914,  en- 
titled "An   Act  to   authorize   boards   of   supervisors   to   borrow 
money  to  pay  teachers'  salaries  during  the     fall     months     when 
there  is  no  school  funds  in  the  county  treasury  for  paying  same. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  boards  of  supervisors  in  the 
various  counties  be  and  the  same  are  hereby  authorized  to 
borrow  money  to  pay  salaries  of  teachers  and  the  salaries 
of  the  drivers  of  school  carriers  during  the  fall  months  of 
the  session  when  there  are  no  school  funds  in  the  treasury 
for  this  purpose. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  April  4,  1922. 

CHAPTER  206. 
SENATE  BILL  No.  220. 

AN  ACT  to  authorize  municipal  corporations  to  issue  bonds  and  to 
prescribe  the  conditions  under  which  such  bonds  may  be  issued 
and  to  repeal  all  acts  and  parts  of  acts  in  conflict  with  this  act. 

Section   1.     Be  it  enacted  by  the  Legislature  of  the 


PUBLIC  SCHOOLS  75 

State  of  Mississippi,  That  the  mayor  and  board  of  aldermen 
or  commissioners  of  the  various  municipalities  in  this  state, 
whether  operating  under  chapter  99,  Mississippi  code  of 
1906,  or  under  special  charter  or  commission  form  of  gov- 
ernment, are  hereby  authorized  to  issue,  on  the  conditions 
hereinafter  imposed,  the  bonds  of  such  municipalities  for  all 
purposes  now  authorized  by  the  special  charters,  or  now 
authorized,  or  which  may  hereafter  be  authorized  by  the 
laws  of  the  state.  T.he  conditions  of  the  sale  of  said  bonds 
shall  be  fixed  by  the  said  mayor  and  board  of  aldermen,  or 
commissioners,  but  not  so  as  to  conflict  with  this  act. 

Sec.  2.  Before  issuing  said  bonds,  the  mayor  and  the 
board  of  aldermen,  or  commissioners,  shall  by  resolution 
spread  upon  their  minutes,  declare  their  intention  of  issuing 
said  bonds,  fixing  in  such  resolution  the  maximum  amount 
thereof,  and  the  purpose  for  which  they  are  to  be  issued, 
and  shall  fix  in  such  resolution  a  date  upon  which  an  election 
shall  be  held  in  said  municipality,  of  which  not  less  than 
three  week's  notice  shall  be  given  by  a  notice  published  in  a 
newspaper  published  in  said  municipaltiy  once  a  week  for 
three  weeks  preceding  the  same,  or,  if  no  newspaper  is 
published  in  said  municipality,  then  by  posting  a  notice  for 
three  weeks  preceding  said  election  at  three  public  places 
in  said  municipality.  Such  elections  shall  be  held,  as  far  as 
practicable,  as  other  elections  are  held  in  municipalities. 

At  such  election  all  qualified  electors  may  vote  and 
ballots  used  shall  have  printed  thereon  a  brief  statement  of 
the  amount  and  purpose  of  the  proposed  bond  issue  and  the 
words,  "f  or  the  bond  issue"  and  the  words  ' 'against  the  bond 
issue"  and  the  voter  shall  vote  by  placing  a  cross  (X)  op- 
posite his  choice  of  the  proposition.  Provided,  that  in 
cities  of  less  than  twelve  thousand  inhabitants  when  the 
amount  to  be  issued  is  not  more  than  $30,000.00,  the  board 
of  mayor  and  aldermen  shall  publish  the  resolution  as  herein 
provided  declaring  that  their  intention  to  issue  said  bonds 
for  three  weeks  giving  the  day  and  the  date  upon  which 
said  bonds  are  to  be  issued ;  and  if  twenty  per  cent  of  the 
qualified  electors  of  the  municipality  file  a  written  protest 
against  the  issuance  of  said  bonds  on  or  before  said  date, 
then  an  election  shall  be  had  as  herein  provided  and  if  no 
protest  shall  be  filed  said  bonds  shall  be  issued  without  an 
election. 


76  PUBLIC  SCHOOLS 

Section  3.  Should  the  elections  provided  for  by  sec- 
tion 2  of  this  act  result  in  favor  of  the  proposed  bond  issue, 
by  a  majority  of  those  voting  in  said  election  voting  in 
favor  of  the  issuance  of  said  bonds,  the  board  of  supervi- 
sors may  issue  said  bonds,  either  in  whole  or  in  part,  in- 
cluding original  bond  issue  and  any  subsequent  bond  issues, 
either  in  whole  or  in  part  at  such  time  within  one  year  af- 
ter the  date  of  such  election  as  they  may  deem  best ;  pro- 
vided that  in  computing  the  said  time  of  one  year  there  shall 
be  excluded  from  such  computation  the  period  of  time  that 
is  consumed  or  which  elapses  from  the  beginning  to  the 
final  determination  of  any  legal  proceedings  in  any  court, 
and  which  legal  proceedings  in  any  way  question  the  vali- 
dity of  said  proposed  bonds,  or  the  election  authorizing 
same,  or  the  proceedings  taken  in  the  creation  of  any  sep- 
arate road  district,  consolidated  school  district,  the  holding 
of  elections,  or  anything  had  or  done  or  omitted  to  be  done 
in  connection  therewith  under  any  existing  laws  applica- 
ble thereto. 

The  provisions  of  this  act  shall  apply  to  any  bond  issue 
where  any  steps  or  proceedings  have  been  taken  for  the 
issuance  of  same,  whether  same  have  been  finally  issued  or 
not. 

All  bonds  issued  under  the  authority  of  this  act  shall  be 
serial  bonds  maturing  annually  with  all  maturities  not  long- 
er than  twenty-five  years  with  not  less  than  one-fiftieth  of 
the  total  issue  to  mature  each  year  during  the  first  five 
years  of  the  life  of  said  bonds,  and  not  less  than  one-twenty- 
fifth  of  the  said  total  issue  to  mature  annually  during  the 
succeeding  ten  year  period  of  the  life  of  said  bonds  and  the 
remainder  to  be  divided  in  two  approximately  equal  pay- 
ments, one  payment  to  mature  during  each  year  of  the  re- 
maining life  of  the  bonds. 

The  said  bonds  shall  not  bear  a  greater  rate  of  interest 
than  six  per  cent  per  annum,  payable  semi-annually,  the 
denomination,  form  and  place  of  payment  to  be  fixed  in  the 
resolution  of  the  board  of  supervisors  issuing  said  bonds 
and  shall  be  prepared  and  signed  by  the  president  and  clerk 
of  the  said  board  of  supervisors,  with  the  seal  of  the  county 
affixed  thereto,  but  the  coupons  may  only  bear  a  f ac  simile 
of  the  signature  of  the  president  of  the  board  of  supervisors 
and  the  clerk  thereof. 


PUBLIC  SCHOOLS  77 

Such  bonds  when  issued  shall  constitute  a  lien  upon  all 
the  taxable  property  in  such  county  or  consolidated  or  rural 
separate  school  district,  or  separate  road  district,  as  the 
case  may  be,  and  the  board  of  supervisors  shall  annually 
levy  a  special  tax  on  all  such  property  sufficient  to  pay  the 
principal  and  interest  on  such  bonds  as  the  same  falls  due. 

Sec.  4.  The  proceeds  of  any  bonds  issued  under  the 
authority  of  this  act  shall  be  placed  in  the  municipality 
treasury  or  depository,  if  there  be  one,  as  a  special  fund  and 
shall  be  used  for  no  other  purpose  than  the  purpose  set 
forth  in  the  original  resolution  of  the  mayor  and  board  of 
aldermen,  or  commissioners,  of  such  municipality,  antd  any 
officer  diverting  or  assisting  to  divert  any  such  fund  to 
any  other  purpose  than  the  purpose  originally  set  forth  in 
said  resolution  of  the  mayor  and  board  of  aldermen  or  com- 
missioner of  such  municipality  shall  be  guilty  of  misde- 
meanor and  punished  accordingly,  and  shall  be  liable  both 
personally  and  on  his  official  bond  for  such  diversion. 

Sec.  5.  No  municipality  shall  issue  bonds  under  the 
authority  of  this  act  to  an  amount  that  added  to  the  out- 
standing bonded  or  floating  debt  of  such  municipality  will 
amount  to  more  than  fifteen  per  cent  of  the  assessed  value 
of  the  taxable  property  in  such  municipality  as  shown  by  the 
assessment  rolls  of  the  current  year.  But  this  limitation 
shall  not  apply  when  such  bonds  are  issued  to  pay  outstand- 
ing legal  obligations  or  for  the  refunding  of  bonds  already 
issued  or  for  the  issuance  of  bonds  for  the  purpose  of  con- 
structing, improving,  enlarging  or  extending  any  public 
utility  owned  by  the  municipality  producing  sufficient  rev- 
enue to  pay  expense  of  operation,  the  interest  on  bonds  and 
for  the  retirement  of  same  as  they  mature.  Such  bands 
shall  not  be  sold  for  less  than  par. 

And  any  municipality  may  issue  its  bonds  for  the  pur- 
pose of  refunding  outstanding  bonded  indebtedness  when 
the  same  shall  mature,  whether  now  due  or  to  become  due 
in  the  future,  without  notice  and  without  an  election  on  the 
question  on  the  issuance  of  same,  regardless  of  whether  or 
not  the  issuance  of  such  bonds  shall  create  a  total  bonded 
indebtedness  in  excess  of  fifteen  per  centum  of  the  assessed 
value  of  taxable  property  of  said  municipality  and  such 
bonds  shall  be  issued  in  sufficient  amount  to  pay  and  retire 
any  existing  bonds  as  they  mature  whenever  funds  available 


78  PUBLIC  SCHOOLS 

from  taxes  are  not  sufficient  to  pay  said    bonds    whenever 
they  mature. 

Sec.  6.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed  only  in  so  far  as  they  are  in  conflict 
with  this  act,  and  where  the  notice  of  election  is  given  as 
hereinbefore  provided,  it  shall  not  be  necessary  to  publish  or 
post  any  notice  of  intention  to  issue  said  bonds. 

Sec.  7.  That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

CHAPTER  195. 
LAWS  1914. 

Sec.  7368  Hemingway's  Code. 

School  districts  lying  in  two  or  more  counties  may  issue 
bonds — For  buildings. — 1.  On  petition  of  a  majority  of  the 
qualified  electors  of  a  rural  separate,  consolidated,  or  other 
school  districts,  organized  under  the  aws  of  the  State  of  Mis- 
sissippi, and  having  territory  lying  in  two  or  more  counties, 
the  boards  of  supervisors  of  the  several  counties  may  issue 
bonds  for  the  erection,  repair,  and  equipment  of  school 
buildings  in  the  following  manner : 

Chap.  195,  Laws  1914.  Sec.  7369  Hemingway's  Code. 

Proportionate  share  of  each  county  ascertained  and  cer- 
tified to  supervisors. — After  the  county  superintendents  of 
the  several  counties,  together  with  the  trustees  of  each  sep- 
arate consolidated  or  public  school  districts,  have  certified 
to  the  boards  of  supervisors  the  proportionate  amount  of 
the  bond  issue  to  be  borne  by  each  county  based  on  the  pro- 
portionate amount  of  property  in  each  county  lying  within 
the  said  school  districts,  each  board  of  supervisors  shall 
proceed  to  issue  bonds  on  that  part  of  the  territory  lying  in 
its  county  respectively  to  cover  its  part  of  said  bonjd1  issue 
for  the  entire  district  and  in  the  same  manner  as  provided 
in  the  chapter  on  muhicipaliies.  The  petition  for  the  bond 
issue  as  indicated  hereinbefore  shall  require  a  majority  of 
the  qualified  electors  of  the  entire  school  district  regardless 
of  county  lines  presented  to  the  board  of  supervisors  in  each 
of  the  several  counties. 


PUBLIC  SCHOOLS  79 


SENATE  BILL  No.  55. 

AN  ACT  validating  the  signing  and  execution  of  bonds  of  the  state  of 
Mississippi,  and  of  counties,  municipalities,  road  district,  school 
district,  drainage  districts,  and  other  taxing  districts  therein  by 
officers  who  have  retired  from  office. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  whenever  pursuant  to  statutory 
authority,  bonds  of  the  state  of  Mississippi,  or  of  any 
county  municipality,  road  district,  school  district,  drainage 
district,  or  other  taxing  district  therein,  have  been  or  shall 
hereafter  be  prepared  and  signed  by  the  officials  designated 
to  sign  the  bonds  by  the  statute  or  by  the  proceedings  au- 
thorizing the  issuance  of  the  bonds,  who  are  in  office  at  the 
time  of  such  signing,  the  signatures  of  such  officials  upon 
the  bonds  and  coupons  thereto  attached  shall  be  valid  and 
sufficient  for  all  purposes  and  shall  have  the  same  effect  as 
if  the  persons  so  officially  signing  -such  bonds  had  remained 
in  office  until  delivery  of  the  same  to  the  purchasers,  al- 
though the  term  of  office  of  such  persons  or  any  of  them, 
may  have  expired  or  they  may  otherwise  have  ceased  to  be 
such  officers  before  such  delivery.  All  such  bonds  hereto- 
fore executed  or  hereafter  executed  which  might  be  invalid 
because  of  said  omission,  and  heretofore  sold  and  delivered 
or  hereafter  sold  and  delivered,  are  hereby  ratified,  vali- 
dated and  confirmed,  notwithstanding  any  change  in  office 
which  may  have  taken  place  subsequent  to  the  execution  of 
the  bonds,  anfd  prior  to  the  delivery  thereof,  and  said  bonds 
shall  be  valid  and  binding  obligations  of  said  state,  county, 
municipality,  road  district,  school  district,  drainage  district, 
or  other  taxing  district  as  the  case  may  be. 

Sec.  2.  That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  March  12,  1920 

SENATE  BILL  No.  324. 

AN  ACT  to  require  payment  of  bonds  and  coupons  promptly  at  the 
place  of  payment  at  maturity. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  whenever  any  county,  road  dis- 
trict, consolidated  school  district,  rural  school  district,  or 


30  PUBLIC  SCHOOLS 

other  taxing  districts  controlled  by  the  board  of  supervisors 
which  has  heretofore  issued,  or  shall  hereafter  issue  bonds 
or  other  obligations  of  which  principal  and  interest  shall  be 
payable  at  some  bank  or  trust  company,  or  at  some  office 
other  than  the  county  treasury  it  shall  be  the  duty  of  the 
clerk  of  the  board  of  supervisors  on  the  allowance  of  said 
board  to  issue  a  warrant  against  the  proper  fund  for  the 
amount  of  principal  and  interest  due  and  to  forward  ex- 
change to  the  paying  agent,  said  exchange  to  be  sufficient  in 
amount  to  pay  said  principal  and  interest  and  a  reasonable 
fee  to  said  paying  agent  for  handling  same,  said  fee  not  to 
exceed  one-quarter  of  the  one  per  cent  of  the  amount  of 
coupons  paid.  Said  exchange  shall  be  forwarded  in  time 
to  reach  the  paying  agent  at  least  five  days  prior  to  the  date 
on  which  said  principal  and  interest  shall  become  due,  and 
the  receipt  of  the-  paying  agent  for  said  remittance  shall 
be  sufficient  voucher  in  the  hands  of  said  clerk  for  said  re- 
mittance until  the  bonds  or  coupons  shall  have  been  paid 
and  cancelled  and  returned  to  said  clerk. 

Sec.  2.  Said  allowance  for  said  remittance  shall  be 
made  by  the  board  of  supervisors  at  the  regular  meeting  of 
said  board  held  at  least  thirty  days  preceding  the  date  on 
which  said  bonds  and  coupons  shall  become  due. 

Sec.  3.  Where  said  obligations  above  referred  to  shall 
have  been  issued,  or  shall  hereafter  be  issued,  by  a  city, 
town,  or  village,  or  municipal  separate  school  district,  it 
shall  be  the  duty  of  the  board  of  mayor  and  aldermen  or  the 
board  of  commissioners,  to  make  allowance  above  referred  to 
at  least  thirty  days  prior  to  the  maturity  of  such  indebted- 
ness and  the  clerk  of  said  board  shall  forward  the  funds  as 
above  provided  for.  In  case  of  a  drainage  district,  the 
commissioners  shall  make  the  allowance  and  the  secretary- 
treasurer  of  the  district  shall  forward  the  funds  as  above 
provided  for. 

Sec.  4.  For  failure  or  refusal  to  comply  with  the  pro- 
visions of  this  act  any  official  charged  with  any  duties  here- 
under  shall  be  liable  on  his  official  bond  to  any  holder  of  any 
bond  or  for  any  and  all  expenses  incident  to  the  collection  of 
same,  and  for  all  damages  which  may  have  accrued  on  ac- 
count of  the  failure  to  pay  same  promptly  at  the  place  of 
payment  at  maturity. 


PUBLIC  SCHOOLS  81 

Sec.  5.  That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  March  26,  1920. 

CHAPTER  207. 
SENATE  BILL  No.  200. 

AN  ACT  to  authorize  boards  of  supervisors  to  issue  the  bonds  of 
counties,  separate  and  consolidated  school  districts  and  separate 
road  districts  and  to  prescribe  the  conditions  under  which  said 
bonds  may  toe  issued  and  to  repeal  all  acts  and  parts  of  acts  in 
conflict  with  this  act. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  boards  of  supervisors  of  the 
various  counties  in  this  state  are  hereby  authorized  to  issue 
the  bonds  of  said  counties  for  the  purpose  now  provided  for 
in  the  Mississippi  code  of  1906,  and  subsequent  acts  of  the 
legislature  of  the  state,  and  to  issue  bonds  of  separate  and 
consolidated  school  districts  in  their  respective  counties  for 
the  purpose  of  constructing  school  buildings  and  teachers7 
homes  and  equipping  said  school  buildings  and  teachers' 
homes,  and  purchasing  land  upon  which  to  erect  said  school 
buildings  and  teachers'  homes  and  if  for  a  road  district,  for 
the  purpose  of  constructing  improved  public  roads  and  pro- 
viding the  right  of  way  therefor  and  the  construction  of 
bridges  on  public  roads. 

Sec.  2.  Before  issuing  said  bonds,  the  board  of  super- 
visors shall  by  resolution,  spread  upon  its  minutes,  declare 
its  intention  of  issuing  said  bonds  fixing  the  maximum 
amount  thereof  and  the  purpose  for  which  they  are  to  be 
issued  and  fix  in  said  resolution  the  date  upon  which  an 
election  shall  be  held  in  said  county  or  consolidated  school 
district,  or  separate  school  district  or  separate  road  district, 
as  the  case  may  be,  whereupon  the  county  election  commis- 
sioners shall  give  not  less  than  three  weeks'  notice  of  such 
election  by  publication  of  a  notice  thereof  in  a  newspaper 
published  in  the  county  once  a  week  for  three  weeks  preced- 
ing the  same,  or  if  no  newspaper  is  published  in  the  county, 
then  by  posting  such  notice  for  three  weeks  preceding  said 
election  at  three  public  places  in  the  county  or  districts  as 
the  case  may  be.  At  such  election,  all  qualified  electors 
may  vote,  and  the  ballots  used  shall  huve  printed  thereon  a 
brief  statement  of  the  amount  and  purpose  of  the  proposed 


82  PUBLIC  SCHOOLS 

bond  issue  and  the  words  "for  the  bond  issue"  and  ' 'against 
the  bond  issue,"  and  the  voter  shall  vote  by  placing  a  cross 
opposite  his  choice  on  the  propositon.  The  county  election 
commissioners,  or  two  of  them,  shall  forthwith  file  with  the 
clerk  of  the  board  of  supervisors  a  certificate  of  the  result 
of  said  election.  Such  election  shall  be  held  as  far  as  prac- 
ticable in  accordance  with  the  law  regulating  general  elec- 
tions in  this  state. 

Where  the  notice  of  an  election  is  given  as  herinbefore 
provided,  it  shall  not  be  necessary  to  publish  or  post  any 
notice  of  intention  to  issue  said  bonds. 

Sec.  3.  Should  the  election  provided  for  by  section  2  of 
this  act  result  in  favor  of  the  proposed  bond  issue,  by  a  ma- 
jority of  those  voting  in  said  election  voting  in  favor  of  the 
issuance  of  said  bonds,  the  board  of  supervisors  may  issue 
said1  bonds,  either  in  whole  or  in  part  at  such  time  within 
one  year  after  the  date  of  such  election  as  they  may  deem 
best. 

All  bonds  issued  under  the  authority  of  this  act  shall  be 
serial  bonds  maturing  annually  with  all  maturities  not  long- 
er than  twenty-five  years  with  not  less  than  one  fiftieth  of 
the  total  issue  to  mature  each  year  during  the  first  five 
years  of  the  life  of  said  bonds,  and  not  less  than  one  twenty- 
fifth  of  the  said  total  issue  to  mature  annually  during  the 
succeeding  ten  year  period  of  the  life  of  said  bonds  and  the 
remainder  to  be  divided  into  approximately  equal  payments, 
one  payment  to  mature  during  each  year  of  the  remaining 
life  of  the  bonds. 

The  said  bonds  shall  not  bear  a  greater  rate  of  interest 
than  six  per  cent  per  annum,  payable  semi-annually,  the  de- 
nominations, form  and  place  of  payment  to  be  fixed  in  the 
resolution  of  the  board  of  supervisors  issuing  said  bonds  and 
shall  be  prepared  and  signed  by  the  president  and  clerk  of 
the  board  of  supervisors,  with  the  seal  of  the  county  affixed 
thereto,  but  the  coupons  may  only  bear  a  .f  ac-simile  of  the 
signature  of  the  president  of  the  board  of  supervisors,  and 
the  clerk  thereof. 

Such  bonds  when  issued  shall  constitute  a  lien  on  all 
the  taxable  property  in  such  county  or  consolidated  or  rural 
separate  school  district  or  separate  roaid'  district,  as  the  case 
may  be,  and  the  board  of  supervisors  shall  annually  levy  a 


PUBLIC  SCHOOLS  83 

special  tax  on  all  such  property  sufficient  to  pay  the  princi- 
pal and  interest  on  such  bonds  as  the  same  falls  due. 

Sec.  4.  The  proceeds  of  any  bonds  issued  under  the  au- 
thority of  this  act  shall  be  placed  in  the  county  treasury  or 
district  or  county  depository  as  a  special  fund  and  shall  be 
used  for  no  other  purpose  than  the  purpose  set  forth  in  the 
original  resolution -of  the  boarid  of  supervisors  and  any  offi- 
cer diverting  or  assisting  to  divert  any  such  fund  to  any 
other  purpose  than  the  purpose  orignially  set  forth  in  said 
resolution  of  the  board  of  supervisors,  shall  be  guilty  of  a 
misdemeanor  and  punished  accordingly,  and  shall  be  liable 
both  personally  and  on  his  official  bond  for  such  diversion. 

Sec.  5.  No  county  or  consolidated  or  rural  separate 
school  district  or  separate  roaid1  district  shall  issue  bonds 
under  the  authority  of  this  act  to  an  amount  that  added  to 
the  outstanding  bonded  or  floating  debt  of  such  county  or 
consolidated  school  district  or  separate  road  district  will 
amount  to  more  than  fifteen  per  cent  of  the  assessed  value 
of  the  taxable  property  in  such  county  or  consolidated  or 
rural  separate  school  district  or  separate  road  district.  . 

But  the  board  of  supervisors  of  any  county  may  issue 
the  bonds  of  any  county,  consolidated  school  district,  rural 
separate  school  district,  or  separate  road  district,  for  the 
purpose  of  refunding  the  outstanding  bonded  indebtedness 
of  any  such  county  or  district  when  the  same  shall  mature, 
whether  now  due  or  to  become  due  in  the  future,  without  no- 
tice and  without  an  election  on  the  question  of  the  issuance 
of  the  same,  regardless  of  whether  or  not  the  issuance  of 
such  bonds  shall  create  a  total  bonded  indebtedness  in  excess 
of  fifteen  per  centum  of  the  assessed  value  of  taxable  prop- 
erty of  said  county  or  district,  and  such  bond  shall  be  is- 
sued in  sufficient  amount  to  pay  and  retire  any  existing 
bonds  as  they  mature  whenever  funds  available  from  taxes 
are  not  sufficient  to  pay  said  bonds  whenever  they  mature. 

Sec.  6.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  be  and  the  same  are  hereby  repealed. 

Sec.  7.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  April  2,  1920. 


84  PUBLIC  SCHOOLS 

CHAPTER  158. 
SENATE  BILL  375. 

AN  ACT  to  validate  all  consolidated  school  district  or  separate  school 
district,  or  public  school  district,  bonds,  notes,  certificates  of  in- 
debtedness and  other  obligations. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  all  bonds,  notes,  certificates  of  in- 
debtedness and  other  obligations,  which  have  been  issued  or 
ordered  issued,  or  any  and  all  consolidated  school  districts  or 
separate  school  districts,  or  public  school  districts  under  and 
by  authority  of  any  general,  special,  local  or  private  act  of 
the  legislature  be,  and  they  are  hereby  in  all  things  made 
valid  and  legal,  and  are  binding  obligations  on  the  consoli- 
dated school  district,  or  separate  school  districts  or  public 
school  districts  issuing  the  same,  or  ordering  the  same  to 
be  issued,  regardless  of  defects,  errors,  omissions,  or  in- 
formalities in  their  issuance  or  orders  of  issuance,  or  in  the 
organization  of  such  school  districts,  or  the  failure  of  such 
consolidated  school  districts  or  separate  school  districts  or 
public  school  districts  to  comply  with  any  law  or  part  of  law 
providing  for  their  issuance,  or  in  the  creation  or  organiza- 
tion of  such  district. 

Sec.  2.  That  this  act  shall  apply  to  all  such  bonds, 
notes,  certificates,  of  indebtedness,  or  other  such  obliga- 
tions already  issued  and  outstanding,  or  ordered  to  be  issued 
and  such  obligations,  bonds,  notes,  and  certificates  of  in- 
debtedness are  hereby  made  in  all  things  valid  and  legal, 
provided,  it  shall  not  apply  to  bonds  over  which  there  is  now 
a  judicial  contest  and  upon  which  no  money  has  been  paid  to 
the  consolidated  school  district  or  public  school  district  is- 
suing said  bonds. 

Sec.  3.  That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  April  3,  1920. 

CODE  1906. 

Sec.  7370  Hemingway's  Code. 

4535.  Territory  added — Graded  schools. — A  separate 
school  district  may  make  either  or  both  of  its  schools  graded 
schools ;  and  graded  schools  may  be  of  two  kinds — a  graded 


PUBLIC  SCHOOLS  85 

grammar  school  and  a  graded  high  school.  In  every  grad- 
ed school  there  shall  be  a  graded  grammar  school,  in  which 
the  common  school  curriculum  shall  be  included;  and  the 
graded  high  school  shall  be  composed  of  pupils  who  have 
passed  through  the  grammar  grades,  or  who  shall  pass  an 
examination  therein ;  and  the  course  shall  be  completed  in 
four  years.  The  trustees  may  fix  reasonable  tuition  fees 
for  the  graded  high  school  department,  or  it  may  be  free; 
and  they  may  prescribe  what  other  studies  shall  be  taught 
in  the  graded  high  school. 

CHAPTER  125. 

LAWS  1910. 
Sec.  7371  Hemingway's  Code. 

Separate  school  district  may  introduce  music,  drawing, 
in  grammar  school  grades. — 1.  That  separate-school  districts 
be  allowed  to  introduce  public  school  music,  drawing,  and 
manual  training  into  the  grammar  school  grades,  when  a  ma- 
jority of  the  school  trustees  so  vote. 

CODE  1906. 
SENATE  BILL  No.  233. 

AN  ACT  to  amend  chapter  244  of  the  laws  of  1918  providing  for  the 
discontinuance  or  abolition  of  a  separate  school  district  for  pur- 
pose of  consolidation  and  to  provide  that  the  discontinuance  or 
abolition  of  such  district  shall  not  impair  outstanding  obligations: 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  any  separate  school  district  may 
be  discontinued  or  abolished  for  the  purpose  of  consolida- 
tion by  the  county  school  board  if  the  school  be  a  rural  sep- 
arate school  district,  or  by  the  mayor  or  board  of  aldermen, 
if  the  school  be  a  municipal  separate  school  district,  upon 
presentation  of  a  petition  seeking  such  action,  signed  by  a 
two-thirds  majority  of  the  patrons  of  said  separate  school 
district,  provided  however  that  when  such  district  is  dis- 
continued or  abolished  it  shall  not  impair  or  in  any  wise  re- 
lease the  property  of  persons  in  such  discontinued  or  abol- 
ished district  from  assessment  and  liability  for  the  payment, 
of  the  debts  and  obligations  of  such  districts. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  23,  1920. 


86  PUBLIC  SCHOOLS 

HOUSE  BILL  No.  238. 

AN  ACT  to  provide  for  the  locating  of  school  buildings  in  rural  sep- 
arate school  districts  and  to  provide  how  location  may  be  changed 
after  building  is  located. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  in  all  rural  separate  school  dis- 
tricts now  or  hereafter  organized  in  this  state  the  county 
school  board  shall  designate  the  location  of  the  school  build- 
ing therein,  and  after  such  school  building  shall  have  been 
located  therein,  either  before  or  after  the  adoption  of  this 
act,  the  same  shall  not  be  removed  to  another  location,  ex- 
cept upon  the  order  of  said  board,  which  order  before  be- 
coming effective  must  be  approved  by  seventy-five  percent 
of  the  qualified  electors  of  said  school  district  voting  in  an 
election  held  for-  the  purpose  of  deciding  the  question  of  said 
proposed  removal 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  17,  1922. 

CODE  1906. 

Sec.  7375  Hemingway's  Code. 

£559.  Grade  of  license  of  a  principal  of  a  school. — A 
teacher  with  a  third-grade  license  shall  not  be  principal  of 
a  school  which  requires  an  assistant ;  and  in  schools  requir- 
ing more  than  two  assistants,  the  principal  must  have  a 
first-grade  license. 

Sec.  7376  Hemingway's  Code. 

4560.  Contracts  with  teachers. — It  shall  be  the  duty 
of  the  superintendent  to  make  a  contract,  in  the  form  pre- 
scribed by  the  board  of  education,  with  every  duly  licensed 
teacher  who  has  been  selected  by  the  trustees  according  to 
law  or  appointment  by  himself.  The  contract  shall  be 
signed  in  duplicate  by  the  superintendent  and  by  the  teach- 
er, each  retaining  one  part ;  and  it  shall  show  the  name  of 
the  school,  the  position  of  the  teacher,  whether  principal  or 
assistant,  and  the  monthly  salary.  In  addition  to  the  fixed 
salary,  there  shall  be  stated  in  the  contract  two  succssively 
smaller  amounts,  which  shall  be  the  salary  in  case  the  at- 
tendance decreases  to  a  number  for  which  the  conditional 


PUBLIC  SCHOOLS  87 

amounts  would  be  the  fixed  salary.  Contracts  shall  be 
valid  for  the  number  of  months  the  school  is  to  be  taught 
during;  the  scholastic  year,  and  it  shall  be  unlawful  to  issue 
a  certificate  for  services  rendered  before  the  contract  is 
made  and  signed ;  provided,  that  in  years  when  the  state  ap- 
propriation is  made  after  the  beginning  of  the  fall  school 
term,  that  it  shall  be  lawful  for  a  county  superintendent  of 
education  to  cause  the  schools  to  be  taught  without  contracts 
until  he  shall  -have  officially  ascertained  the  amount  of  the 
common  school  fund  that  will  be  distributed  to  his  county 
for  that  scholastic  year;  and  provided,  further,  that  where 
contracts  have  been  made  before  the  amount  of  school  fund 
to  be  distributed  to  his  county  is  known,  the  same  may  be 
changed  when  he  ascertains  the  amount  his  county  will  re- 
ceive, teachers  agreeing  thereto;  but  the  county  superin- 
tendent shall  have  the  right,  after  the  expiration  of  the  four 
months  required  by  the  constitution,  to  make  new  contracts 
with  teachers  in  counties  making  a  special  levy  to  carry  on 
the  schools  for  a  longer  term  than  four  months,  and  all  such 
contracts  shall  be  made  as  the  law  provides,  so  that  the 
amount  to  be  paid  in  salaries  for  maintaining  all  of  the 
schools  one  month  shall  not  exceed  that  fractional  part  of 
the  whole  school  fund,  as  provided  by  such  special  levy, 
which  one  month  is  of  the- whole  number  of  months  the 
schools  are  to  be  taught. 

HOUSE  BILL  No.  191. 

AN  ACT  to  regulate  contracts  of  public  school  teachers,  specify  in- 
stances in  which  same  may  be  cancelled  and  providing  penalty  and 
how  same  may  be  enforced. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  any  teacher  in  the  public  schools 
of  this  state  being  under  contract  to  teach  in  any  position  in 
the  public  schools  of  this  state  and1  desiring  to  be  released 
from  such  obligation,  shall  make  known  to  the  trustees  of 
such  school,  in  writing,  intention  so  to  be  relieved,  stating 
clearly  in  such  instance  reasons  why  such  teachers  shall  be 
entitled  to  release  and  if  the  majority  of  such  trustees  act 
favorably  on  petition,  reporting  such  action  to  the  county 
superintendent  of  education,  such  superintendent  shall  re- 
lease such  teacher  from  his  or  her  contract. 

Sec.  2.     Any  teacher  of  the  public  schools  of  this  state 


88  PUBLIC  SCHOOLS 

who  shall  arbitrarily  fail,  neglect  or  refuse  to  perform  his 
or  her  contract  without  being  relieved  as  provided  in  section 
No.  1  of  this  act  shall,  for  such  failure,  neglect  or  refusal 
and  upon  written  recommendation  of  a  majority  of  trustees 
of  the  school  where  such  breach  of  contract  occurs,  have  his 
or  her  contract,  cancelled  and  license  revoked  for  a  period1  of 
one  year  from  date  of  such  revocation,  and  it  shall  be  the 
duty  of  the  county  superintendent  of  education  in  the  coun- 
ty where  such  breach  occurs  and  upon  the  recommendation 
of  such  trustees  or  a  majority  of  same  to  revoke  said  license. 
Provided  however,  that  such  teacher  shall  be  allowed  an  ap- 
peal in  the  same  manner  as  is  now  provided  by  law. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  19,  1920. 

SENATE  BILL  No.  18. 

AN  ACT  to  regulate  the  salaries  of  public  school  teachers. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  county  superintendents  of  edu- 
cation be,  and  are  hereby  authorized  to  contract  with  teach- 
ers in  the  public  schools  in  accordance  with  the  following 
limitations  in  reference  to  salaries : 

(a)  Third  grade  teachers  between  twenty     dollars 
($20.00)  and  thirty  dollars  ($30.00)  a  month. 

(b)  Second  grade  teachers    between    thirty    dollars 
($30.00)  and  forty  dollars  ($40.00)  a  month. 

(c)  First  grade  teachers     between     thirty     dollars 
($30.00)   and  one  hundred  and  fifty  dollars   ($150.00)     a 
month. 

>Sec.  2.  That  the  salaries  of  principals  and  assistant 
teachers  of  separate  school  districts  shall  be  fixed  by  the 
trustees,  and  the  salaries  of  principals  and  assistant  teach- 
ers of  consolidated  districts  having  a  local  levy  by  the  trus- 
tees and  county  superintendent  of  education. 

'Sec.  3.  In  fixing  salaries  county  superintendents  and 
boards  of  trustees  must  take  into  consideration  the  char- 
acter, professional  training,  executive  ability,  and  teaching 
capacity  of  the  teacher. 


PUBLIC  SCHOOLS  89 

Sec.  4.     That  county  superintendents  of  education  and 
boards  of  trustees  of  public  schools  be,  and  are  hereby  au- : 
thorized  to  pay  teachers  for  time  lost  on  account  of  closing; 
of  schools  by  county  or  state  health  officers ;  or  by  county : 
superintendents  and  boards  of  trustees  in  emergency  cases, 
provided  such  action  is  approved1  by  the  state  board  of  edu- 
cation, the  amount  to  be  paid  to  be  determined  by  the  county ; 
superintendent  of  education  for  the  common  schools  and  by 
boards  of  trustees  for  separate  and  consolidated  districts. 

Sec.  5.  That  section  4556  of  the  code  of  1906,  and  all 
other  laws  and  parts  of  laws  in  conflict  with  this  act  are 
hereby  repealed. 

Sec.  6.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  4,  1920. 

Sec.  7377  Hemingways  Code. 

4561.  Pupils  attending  high  schools. — Educable  child- 
ren may  attend  a  high  school  or  college  in  their  county  and 
they  shall  be  enrolled,  reported  and  paid  for  as  resident  pu- 
pils of  the  district,  if  the  school  has  been  established  as  a 
free  public  school  of  the  county.  Such  school  shall  receive 
all  educable  children  of  the  race  for  which  it  was  establish- 
ed, but  tuition  may  be  charged  for  all  pupils  who  pursue 
studies  beyond  the  public-school  curriculum,  to  be  paid  by 
the  pupil  based  on  number  of  such  studies  pursued,  to  be 
regulated  by  the  authorities  of  the  institution. 

Sec.  7379  Hemingway's  Code. 

4563.  School  registers — Pay  certificates. — The  prin- 
cipal teacher  in  a  public  school  shall  keep  a  daily  record  of 
facts  pertaining  to  the  school,  in  such  form  as  the  school 
register  requires,  and  he  shall  be  responsible  for  the  safe 
keeping  and  delivery  of  the  register  to  the  county  superin- 
tendent at  the  close  of  the  school  term,  or  of  the  period  of 
service  of  the  teacher ;  and  the  county  superintendent  shall 
not  issue  to  a  teacher  a  pay  certificate  for  the  last  month 
taught  until  the  teacher  shall  have  delivered  to  him  the  reg- 
ister in  good  order  and  properly  filled  out.  In  the  register 
the  teacher  shall  set  down  the  name,  age,  and  sex  of  each 
pupil  in  attendance,  and  the  names  of  absentees  for  each 
day.  At  the  end  of  every  scholastic  month  the  teacher 
shall  make  out  from  the  register  a  report  to  the  county  su- 


90  PUBLIC  SCHOOLS 

perintendent  of  the  name,  age,  and  sex  of  each  pupil  in  at- 
tendance during  the  month,  and  the  number  of  days  such 
pupil  has  attended.  The  report  shall  be  approved  by  at 
least  two  of  the  trustees,  and  certified  to  by  them ;  and  upon 
the  filing  of  such  report  with  him  the  county  superintend- 
ent shall  issue  to  the  teacher  and  the  assistants,  if  any,  a 
pay  certificate,  and  the  report  shall  be  carefully  preserved 
in  his  office.  If  the  trustees,  without  good  cause,  refuse 
to  sign  the  report,  the  teacher  may  appeal  to  the  county  su- 
perintendent, who  shall  issue  the  pay  certificate  without  the 
approval  of  the  trustees,  in  case  he  decides  in  favor  of  the 
teacher. 


CODE  1906. 

In  a  prosecution  for  forging  the  school  trustees'  certificate  re- 
quired by  Code  1906,  §  4563,  the  persons  whose  names  are  forged  to 
such  certificates  must  be  trustees  of  the  public  school  and  this  fact 
must  be  alleged  in  the  indictment  and  proved,  and  the  mere  recital  of 
.such  a  fact  in  the  certificate  is  not  sufficient.  Griffin  v.  State,  96  Miss. 
309,  51  So.  466. 

Sec.  7380  Hemingway's  Code. 

4564.  Enumeration  of  children  during  the  first  month. 
— The  principal  teacher,  not  in  a  separate  school  district, 
shall,  during  the  first  month  of  the  term,  make  a  complete 
enumeration  of  the  educable  children  in  the  district,  and  en- 
ter in  the  register  the  name,  color,  age,  and  sex  of  each 
child  and  the  names  and  place  of  residence  of  the  parents  of 
each  child,  the  same  to  be  examined  and  approved  by    the 
trustees,  and  a  copy  thereof  delivered  to  the  superintendent 
with  a  report  of  the  first  month. 

Sec.  7381  Hemingway's  Code. 

4565.  Term  reports. — With  the  last  monthly  report  of 
the  session  the  teacher  shall  make  a  term  report  containing 
•such  facts  and  statistics  as  the  blanks  furnished  may  re- 
quire.     If  the  final  monthly  report  be  not  made  to  the  su- 
perintendent by  the  fifth  of  October  annually,  it  shall  be 
unlawful  to  issue  to  the  teacher  a  pay  certificate  for  more 
than  eighty  per  centum  of  his  salary  for  that  month. 

Sec.  7382  Hemingway's  Code. 

4566.  How  warrants  for  salaries  issued  to  teachers — 
Back  pay.— Upon  the  presentation  of  a  pay  certificate  for 


PUBLIC  SCHOOLS  91 

services  rendered  as  a  teacher,  duly  attested  by  the  super- 
intendent, the  clerk  of  the  board  of  supervisors,  or  of  the 
municipality  being  a  separate  school  district,  shall  issue  a 
warrant  on  the  treasury  for  the  amount  stated  in  the  cer- 
tificate, the  warrant  to  state  upon  its  face  the  number  of  the 
month  of  the  term  during  which  the  services  were  rendered 
—as,  first  month,  second  month,  etc. — and  to  specify  the 
fund  upon  which  it  is  drawn ;  the  clerk  shall  keep  a  file  of 
the  certificates  so  received  as  part  of  the  official  records  of 
his  office,  and  shall  be  governed  in  every  respect  by  the  same 
laws  that  regulate  the  issuing  of  county  or  municipal  war- 
rants for  other  purposes,  except  that  the  warrants  for 
teachers'  salaries  shall  be  issued  directly  upon  the  certifi- 
cates of  the  county  superintendent,  without  any  action 
thereon  by  the  board  of  supervisors  or  the  mayor  and  board 
of  aldermen  by  way  of  allowance  or  approval.  For  services 
rendered  by  teachers  in  public  schools  before  the  time  when 
this  chapter  becomes  operative,  and  for  which  a  pay  certifi- 
cate or  warrant  has  not  been  issued  because  of  a  want  of 
funds  in  the  treasury  out  of  which  to  pay  it,  the  board  of 
supervisors  or  municipal  authorities,  as  the  case  may  be, 
are  authorized  to  make  proper  allowances  upon  "proof  of 
such  services  rendered  in  good  faith. 

Code  1892. 

School  warrants  which  fail  to  contain  upon  their  face  the  state- 
ments required  are  void,  and  mandamus  will  not  lie  to  enforce  a  levy 
of  a  tax  for  their  payment.  Tunica  County  v.  Rhodes,  85  Miss.  500, 
37  So.  1005. 

CODE  1906. 

Code  1906,  §  4627,  is  mandatory,  and  requires  the  board  of  super- 
visors to  provide  for  the  payment  of  warrants  issued  upon  pay  cer- 
tificates attested  by  the  superintendent  of  education  under  §  4566. 
Hebron  Bank  v.  Lawrence  County,  109  Miss.  397,  69  So.  209. 

CHAPTER  187. 

LAWS  1914. 
Sec.  7383  Hemingway's  Code. 

4567.  Scholastic  year,  month  and  day. — The  scholastic 
year  shall  begin  on  the  first  day  of  September  and  end  on 
the  thirty  first  day  of  August.  Twenty  days  of  actual 
teaching  shall  constitute  a  school  month,  and  the  number  cf 
hours  of  actual  teaching  that  shall  constitute  a  school  day 


92  PUBLIC  SCHOOLS 

shall  be  fixed  and  determined  by  the  board  of  trustees  there- 
of, at  not  less  than  five  nor  more  than  eight  hours. 

CHAPTER  250. 
LAWS  1914. 

Sec.  7384  Hemingway's  Code. 

4568.  School  term,  winter  and    summer — Time    for 
opening. — There  shall  be  a  winter  and  a  summer  term,  dur- 
ing either  of  which  a  school  may  be  taught,  at  the  option  of 
its  trustees.      The  Bounty  school  board  shall  fix  the  day  for 
the  opening  of  the  winter  term  between  the  first  Monday  of 
September  and  the  second  Monday  in  anuary,  and  for  the 
opening  of  those  of  the  summer  term  on  the  first  Monday 
in  April,  or  as  soon  there  after  as  they  deem  suitable.  These 
dates  may  be  fixed  by  the  county  school  board  at  their  an- 
nual meeting,  or  at  any  called  meeting,  or  by  their  written 
consent  to  a  date  proposed  by  the  superintendent,  who,  when 
the  dates  are  fixed,  which  shall  in  all  cases  be  done  at  least 
twenty  days  prior  to  the  opening  of  the  term,  shall  notify 
the  secretary  of  the  trustees  of  each  school  in  the  county. 
This  section  shall  not  prevent  the  trustees  of  the  schools  in 
a  separate  school  district  from  fixing  the  time  at  which  their 
schools  may  begin  and  end. 

CODE  1906. 

Sec.  7385  Hemingway's  Code. 

4569.  Continuous  session,  unless. — The  schools  shall 
be  kept  in  continuous  session  four  months,    and    as    much 
longer  as  the  school  fund  of  the  scholastic  year  will  main- 
tain them.      Trustees  may,  however,  with  the  consent  of  a 
majority  of  the  patrons,  divide  the  session,  and  have  such 
portion  of  it  as  they  :deem  proper  taught  in  either  term ;  but 
in  that  case  they  shall  notify  the  superintendent  of  such  di- 
vision and  of  the  scholastic  month  at  the  beginning  of  which 
they  wish  their  schools  to  open.    The  county  superintendent 
may  close  all  the  schools  for  the  Christmas  holidays,  for  an 
equal  period  of  time,  not  to  exceed  two  weeks,  and  upon 
application  from  the  trustees,  may  close  any  school  because 
of  an  epidemic  prevailing  in  the  school  district,  or  on  ac- 
count of  the  death,  sickness,  resignation  or  dismissal  of  the 
teacher;  but  such  schools  shall  be  allowed  their    full    time 
after  being  reopened  during  the  scholastic  year. 


PUBLIC  SCHOOLS  93 

Sec.  7386  Hemingway's  Code. 

4570.  Bond  and  duties  of  county  treasurers. — The 
county  treasurer  and  the  treasurer  of  every  municipality 
constituting  a  separate  school  district,  shall  be  required  to 
give  additional  bonds,  to  be  fixed  by  the  board  of  super- 
visors and  the  mayor  and  board  of  aldermen,  respectively,  in 
an  amount  not  less  than  the  amount  of  school  funds  likely 
to  be  in  their  hands  at  any  one  time,  for  the  faithful  per- 
formance of  their  duties ;  and  the  county  treasurers  of  the 
Chickasaw  cession  counties  shall  be  required  to  give  addi- 
tional bonds  for  the  amount  of  the  Chickasaw  school  fund 
to  -be  distributed  to  their  counties,  equal  to  the  amount 
to  be  distributed  for  the  year ;  but  the  additional  bonds  shall 
be  cumulative  security,  and  the  treasurers  shall  be  liable 
on  their  official  bonds  for  all  school  funds  coming  into  their 
hands.  It  is  the  duty  of  the  county  treasurers  to  make  to 
the  auditor  of  public  accounts,  reports,  on  the  second  Mon- 
days of  January  and  June  of  each  year,  of  all  moneys  ac- 
cruing to  the  common  school  fund  from  polls  collected  in 
their  respective  counties ;  to  keep  on  their  books  separate 
and  distinct  accounts  of  the  moneys  arising  from  poll-taxes, 
from  taxes  levied  by  the  board  of  supervisors  for  the  main- 
tenance of  public  schools,  from  the  distributive  share  of 
the  common  school  fund,  from  Chickasaw  school  fund,  and 
from  interest  on  funds  derived  from  the  sixteenth  sections, 
and  funds  arising  from  leases  of  those  sections,  and  funds 
from  any  other  source ;  to  receive  and  receipt  for  all  moneys 
on  account  of  school  funds  of  the  county ;  to  pay  money  out 
of  the  common  school  fund  upon  the  order  of  the  county 
superintendent  of  education,  approved  by  the  board  of  su- 
pervisors, except  in  case  of  teachers'  salaries,  which  shall 
be  paid  upon  warrants  issued  by  the  clerk,  on  the  certifi- 
cate of  the  county  superintendent ;  and  to  make,  on  or  before 
the  fifteenth  of  October,  an  annual  report  to  the  state  board 
of  education,  a  duplicate  of  which  shall  be  furnished  to  the 
county  superintendent,  showing  the  amount  received  for 
public  schools  from  each  source  during  the  preceding  fiscal 
year,  the  disbursements  for  the  several  purposes,  and  the 
amount -of  school  warrants  unpaid.  The  treasurer  shall 
compare  this  report  with  the  account  kept  by  the  county 
auditor,  who  shall  certify  that  the  report  agrees  with  the  ac- 
count kept  by  him,  if  found  to  be  correct.  The  treasurer 
shall,  at  the  same  time,  make  a  special  report  of  the  receipts 
and  disbursements  of  township  funds  belonging  to  each 


94  PUBLIC  SCHOOLS 

township.  These  reports  shall  be  made  in  the  form  pre- 
scribed on  blanks  furnished  by  the  state  superintendent.  It 
shall  be  the  duty  of  the  county  superintendent  to  report  a 
treasurer  failing  to  make  any  such  report  to  the  district  at- 
torney, who  shall  proceed  against  the  treasurer  criminally 
and  by  suit. on  his  bond. 

Sixteenth  Sections,  see  §  6656. 

Sec.  7387  Hemingway's  Code. 

4571.  Duties  of  separate  school  district  treasurers. — 
The  county  treasurer  shall,  immediately  upon  receipt  thereof 
by  him,  pay  over  to  the  treasurer  of  a  municipality    in 'his 
county  which  is  a  separate  school  district,    all    money    to 
which  the  separate  school  district  may  be  entitled ;  and  the 
treasurer  of  each  municipality  which  is  a  separate  school 
district,  shall  perform  like  duties  as  are  devolved  on  coun- 
ty treasurers,  as  far  as  applicable,  in  reference  to  money  for 
the  support  of  schools ;  and  they  shall  be  subject  to  the  same 
penalties  for  failure  to  make  the  reports  required  to  be  made 
to  the  board  of  education  and  to  the  county  superintendent. 

CHAPTER  253 
LAWS  1914. 

Sec.  7388  Hemingway's  Code. 

4572.  Counties  may  levy  ad  valorem  and  poll-tax   to 
carry  on  schools  before  and  after  four  months. — The  board 
of  supervisors  are  empowered  to  levy  annually  for  public 
schools  a  tax  upon  the  taxable  property  of  the  county,  which 
is  outside  the  limits  of  any  separate  school  district,  and  may 
levy  an  additional  poll-tax  of  not  exceeding  one  dollar  on 
each  male  inhabitant  liable  to  pay  a  poll-tax;  all  to  be  col- 
lected as  other  taxes  for  general  purposes,  and  at  the  same 
time,  and  to  be  paid  into  the  county  treasury  to  the  credit  of 
(the  school  fund ;  and  such  taxes  shall  be  receivable  only  in 
lawful  currency  of  the  United  States,  and  shall  be  used  for 
the  maintenance  of  the  public  schools  before,  during  or  after 
the  expiration  of  the  four  months  required  by  the  constitu- 
tion.     When  two  hundred  qualified  electors,  outside  of  sep- 
arate school  districts,  shall  petition  the  board  of  supervisors 
to  levy  a  certain  tax  for  the  extension  of  the  school  term  of 
the  county,  the  board  of  supervisors,  within  not  less  than 
twenty  days  nor  more  than  forty  days,  shall    submit    the 


PUBLIC  SCHOOLS  95 

proposition  to  the  qualified  electors  ouside  of  separate 
school  districts  of  the  county  at  an  electron,  and  if  a  major- 
ity of  those  voting  shall  vote  for  the  tax  the  board  of  super- 
visors shall  levy  said  tax  at  the  time  other  county  taxes  are 
levied,  on  all  property  in  the  county  subject  to  taxation 
which  is  not  situated  within  a  separate  school  district,  and 
shall  continue  from  year  to  year  to  levy  the  same  tax  until 
another  election  is  held,  as  is  provided  for  in  this  section; 
provided,  the  boards  of  supervisors  in  those  counties  where 
the  tax  is  now  being  levied  shall  have  the  power  to  continue 
levying  the  tax  without  an  election.  And  every  municipal- 
ity, being  a  separate  school  district,  may  in  like  manner 
levy  and  collect  such  taxes  for  the  maintenance  of  schools. 

Code  1906. 

Sec.  7389  Hemingway's  Code. 

4573.  Funds  to  be  used  only  for  year  of  receipt — De- 
ficit not  allowed. — All  school  funds  received  and  collected 
during  the  scholastic  year  shall  constitute  the  school  fund 
of  the  county  for  that  scholastic  year ;  and  the  salaries  of  the 
teachers  shall  be  so  so  fixed  as  not  to  allow  a  deficit  in  any 
year.      It  shall  be  unlawful  for  the  superintendent  to  issue 
pay  certificates  to  teachers  in  excess  of    the    amount    of 
money  received  on  account  of  the  public  schools  for  the  cur- 
rent year,  and. any  certificate  so  issued  shall  be  illegal  and 
void ;  but  the  superintendent  shall  be  responsible  on  his  bond 
to  the  holders  for  the  face  value  of  such  certificate,  and 
shall  be  so  liable  to  any  person  whom  he  may  cause  to  teach 
in  a  public  school  and  for  whose  payment  there  is  no  money 
in  the  treasury. 

Sec.  7390  Hemingway's  Code. 

4574,  How  school  fund  to  be  distributed  in  counties. — 
The  county  common  school  fund  shall  be  divided  between 
the  separate  school  districts  of  a  county  and  that  portion  of 
a  county  not  included  in  separate  school  districts.      Within 
thirty  days  after  every  legal  enrollment    of    the    educable 
children  of  the  state,  and  within  thirty  days  after  the  organ- 
ization of  a  separate  school  district,  or  a  change  has  been 
made  in  the  limits  of  one  already  organized  in  the  county, 
the  county  superintendent  of  education  shall  certify  to  the 
clerk  of  the  board  of  supervisors  the  number  of  educable 
children,  to  be  determined  from  the  official  roll  of  educable 
children  on  file  in  the  chancery  clerk's  office,  in  each  sepa- 


96  PUBLIC  SCHOOLS 

rate  school  district  in  the  county,  and  the  number  of  edu- 
cable  children  outside  the  limits  of  separate  school  districts. 
At  each  regular  meeting  of  the  board  of  supervisors  it 
shall  be  the  duty  of  the  clerk  of  the  board  of  supervisors  to 
apportion  the  amount  of  undivided  county  common-school 
fund  in  the  county  treasury  'among  the  separate  school  dis- 
tricts of  the  county  and  the  county  outside  of  separate  school 
districts,  on  the  basis  of  the  number  of  educable  children  in 
each,  as  furnished  by  the  county  superintendent  of  educa- 
tion, and  to  certify  the  said  apportionment  to  the  board  of 
supervisors,  who  if  the  apportionment  is  found  to  be  cor- 
rect, shall  order  that  a  warrant  be  issued  in  favor  of  the 
treasurer  of  each  separate  school  district  for  the  amount 
due  each  district.  At  the  first  meeting  of  the  board  of  su- 
pervisors after  the  passage  of  this  act,  all  the  poll-tax  col- 
lected since  the  last  official  report  of  the  same  to  the  audi- 
tor shall  be  divided  as  provided  in  this  section.  (Laws  1906.) 

Code  1906. 

Under  Const.  1890,  §  206,  the  distribution  of  poll-tax  collections  is 
governed  by  Code  1906,  §  4574,  and  not  by  §  4254,  which  was  inad- 
vertently adopted  as  part  of  the  code.  Jackson  v.  Hinds  County,  134 
Miss.  199,  61  So.  175. 

Sec.  7391  Hemingway's  Code. 

4575.  Tax  collector  to  turn  over  poll-taxes  to  county 
treasurer. — The  tax  collector  shall  turn  over  all  poll-tax  col- 
lected to  the  county  treasurer,  at  the  time  and  in  the  manner 
now  provided  by  law  for  paying  to    the    county    treasurer 
county  taxes  collected  by  fiim. 

CHAPTER  189. 
LAWS  1916. 

Sec.  7392  Hemingway's  Code. 

4576.  Balances — How  and  when     used— Funds     not 
loaned. — If  there  shall  remain  a  balance  in  the  treasury  to 
the  credit  of  the  school  fund  of  the  seveial  counties  and  sep- 
arate school  districts  on  the  thirtieth  day  of  September    in 
any  year,  the  board  of  supervisors  and  trustees  of  separate 
school  districts  during  the  month  of  October  following  may 
apply  such  balance  to  the  building,  repairing  or  furnishing 
with  school  furniture  or  apparatus  such  schoolhouses  which 
belong  to  the  county  or  separate  school  districts,  not  appro- 


PUBLIC  SCHOOLS  97 

priating  to  any  school  located  in  the  county  or  separate 
school  district  an  amount  greater  than  one  hundred  and 
fifty  dollars,  unless  an  amount  equal  to  any  excess  of  this 
sum,  to  be  appropriated  by  the  county,  be  contributed  and 
paid  into  the  county  treasury  by  the  patrons  of  the  public 
schools  making  such  application  and  receiving  such  appro- 
priation. All  balances  not  so  appropriated  shall  be  carried 
forward  to  the  school  fund  for  the  next  scholastic  year ;  and 
this  shall  apply  to  any  fund  that  may  have  been  levied  by 
the  county  to  carry  on  the  schools  for  a  longer  term  than 
four  months.  It  shall  be  lawful  to  loan  for  a  period,  of  one 
year  any  portion  of  the  school  fund  to  any  other  county  or 
city  fund  in  which  the  separate  school  district  may  lie. 

This  act  does  not  refer  to  Laws  1912,  ch.  248,  which  also  amends 
Code  1.906,  §  4576. 

CHAPTER  157. 
LAWS  1914. 

Sec.  7393  Hemingway's  Code. 

Supervisors  may  transfer  surplus  county  funds  to 
school  fund. — 1.  That  the  board  of  supervisors  of  any  coun- 
ty may  in  their  discretion  transfer  any  surplus  funds  that 
may  accumulate  in  the  general  county  fund  to  the  common- 
school  fund  of  the  county. 

Sec.  7394  Hemingway's  Code. 

4577.  Two  and  three  per  centum  funds — How  used. — 
The  board  of  supervisors  shall  appropriate  all  receipts  from 
the  distribution  of  the  two  and  three  per  centum  funds  to 
the  building,  repairing,  and  furnishing  school-houses  on  the 
conditions  prescribed  in  the  last  section  for  the  appropria- 
tion of  balances  of  the  school  fund. 

SENATE  BILL  No.  304. 

AN  ACT  to  amend  section  4578  of  the  Mississippi  code  of  1906,  and 
chapter  191  of  the  laws  of  1916,  so  as  to  change  the  time  for  the 
distribution  of  the  common  school  fund. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  4578  of  the  Mississippi 
code  of  1906  and  chapter  191  of  the  laws  of  1916  be  amended 
so  as  to  read  as  follows : 


98  PUBLIC  SCHOOLS 

That  as  soon  as  appropriation  is  made  for  1920,  or  as 
soon  thereafter  as  is  practicable,  the  auditor  of  public  ac- 
counts shall  distribute  to  the  counties  and  separate  school 
districts  two-thirds  of  the  common  school  fund  appropriated 
for  the  calendar  year  and  the  balance  on  the  second  Monday 
in  October  following,  and  for  1921  and  each  succeeding  cal- 
endar year  on  the  second  Monday  in  February,  two-thirds 
of  the  common  school  fund  appropriated  for  the  calendar 
year  and  the  balance  on  the  second  Monday  in  October  fol- 
lowing. The  distribution  shall  be  made  by  the  issuance 
of  the. auditor's  warrant  on  the  state  treasury,  payable  to 
the  treasurers  of  the  several  counties  and  separate  school 
districts,  the  superintendent  of  education  supplying  the  data 
for  the  distribution. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  19,  1920. 

CHAPTER  197. 
SENATE  BILL  No.  371. 

AN  ACT  providing  for  the  enumeration  of  the  educable  children  of 
the  state  during  the  year  1923  and  every  two  years  thereafter 
through  the  county  superintendent  and  teachers  of  the  respective 
counties  of  the  state. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  during  1923  and  every  two  years 
thereafter,  the  county  superintendent  of  education  shall  re- 
quire each  principal  teacher  in  his  county  to  enumerate  the 
educable  children,  in  his  or  her  school  district.  Said  enum- 
eration shall  be  taken  by  townships  'and  shall  show  the 
names,  ages,  and  sex  of  the  educable  children  therein.  Sep- 
arate lists  shall  be  made  for  white,  negro  and  Indian  races. 
For  districts  in  which  there  is  no  teacher  the  county  superin- 
tendent may  employ  some  competent  person  to  make  the 
enumeration  and  pay  for  same  out  of  the  public  school  fund 
in  the  same  manner  as  teachers  salaries  are  paid.  In  no 
case  shall  amount  paid  exceed  one  cent  for  each  child  enum- 
erated. Municipal  authorities  shall  have  authority  to  employ 
help  in  making  enumeration  in  municipal  separate  school 
districts  and  pay  for  same  out  of  the  district  school  fund  in 
the  same  manner  as  teachers'  salaries  are  paid. 


PUBLIC  SCHOOLS  99 

Sec.  2.  Teachers  to  Help — Each  principal  white  teach- 
er shall  receive  names  of  children  having  a  living  parent  or 
guardian,  and  being  in  the  care  of  such,  only  from  the 
parent  or  guardian.  Any  person  proposing  to  give  the 
names  of  children  not  his  or  her  own,  shall  first  be  requir- 
ed to  make  an  oath  that  he  or  she  knows  all  the  particulars 
in  reference  to  the  children  whose  names  are  proposed  to 
be  given  in. 

Sec.  3.  Municipalities. — The  enumeration  of  each  mu- 
nicipality or  separate  school  district  shall  be  separate;  and 
the  children  shall  be  listed  under  the  names  of  parents  and 
guardians  alphabetically  arranged,  and  by  wards  in  case  of 
municipalities,  and  the  street  and  residence  number  shall 
be  given  where  practicable.  . 

Sec.  4.  List  to  be  Submitted  to  Trustees. — It  shall  be 
the  duty  of  said  principal  white  teacher  to  submit  list  of 
educable  children  to  the  local  board  of  trustees  who  together 
with  said  teacher  shall  make  affidavit  to  the  correctness  of 
the  enumeration  before  a  mayor,  justice  of  the  peace,  or 
other  competent  officer.  Said  affidavit  to  be  attached  to 
the  enumeration  and  delivered  to  the  county  superintendent 
of  education  on  or  before  March  first. 

Sec.  5.  Penalty  for  Failure  of  Teacher. — -It  shall  be 
unlawful  for  the  county  superintendent  of  education  to  is- 
sue pay  certificate  in  favor  of  said  principal  white  teacher 
for  the  last  month  of  the  school  term  for  that  scholastic 
year  until  said  teacher  shall  have  complied  with  the  pro- 
visions of  this  act. 

Sec.  6.  Two  Copies  to  be  Made.— The  county  superin- 
tendent of  education  or  his  deputy  shall  make  two  copies  of 
the  enumeration  which  shall  be  examined  and  approved  by 
the  board  of  supervisors  if  found  correct.  The  county  su- 
perintendent of  education  shall  on  or  before  the  first  Mon- 
day of  October  of  the  calendar  year  in  which  the  enumera- 
tion is  made,  file  one  copy  in  the  office  of  the  clerk  of  the 
chancery  court  as  a  public  record  and  the  other  in  the  office 
of  the  state  superintendent  of  education  to  be  preserved  as 
a  basis  of  apportionment  of  the  common  school  fund  of  the 
state  for  the  four  calendar  years  next  succeeding. 

Sec.  7.  Affidavit. — The  county  superintendent  shall 
make  an  affidavit  before  the  clerk  of  the  chancery  court, 


100  PUBLIC  SCHOOLS 

that  the  enumeration  has  been  taken  in  accordance  with  and 
in  the  manner  prescribed  by  law,  and  that  it  contains  a  true 
and  correct  list  of  all  the  educable  children  in  the  county. 
This  affidavit  shall  be  appended  to  each  copy  of  the  enum- 
eration. 

Sec.  8.  Penalty  for  Failure  to  Make  Enumeration. — 
If  the  county  superintendent  shall  fail  to  require  the  prin- 
cipal teacher  to  make  this  enumeration  or  shall  fail  to  have 
same  copied  and  filed  at  the  time  specified,  he  or  she  shall 
forfeit  ($100.00)  one  hundred  dollars  on  salary;  and  the 
board  of  supervisors  upon  receiving  from  the  state  super- 
intendent of  education  notice  of  such  failure,  must  deduct 
the  amount  forfeited  from  the  salary  of  the  county  superin- 
tendent. 

Sec.  9.  Deputy. — The  county  superintendent  of  educa- 
tion shall  have  authority  to  employ  a  deputy  or  an  assistant 
to  copy  the  enumeration  and  said  deputy  or  assistant  shall 
be  paid  by  the  board  of  supervisors  out  of  the  general  coun- 
ty fund. 

Sec.  10.  State  Superintendent  to  Furnish  Blanks.— 
Blanks  for  the  enumeration  shall  be  prepared  by  the  state 
superintendent  of  education  and  forwarded  to  the  county 
superintendent. 

iSec.  11.  Sections  4579,  4580,  4581,  4582,  4583,  4584, 
4585,  4586,  of  code  of  1906,  and  all  amendments  thereto  and 
all  laws  and  parts  of  laws  in  conflict  with  this  act  are 
hereby  repealed. 

Sec.  12.  This  -act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  April  5,  1922. 

Code  1906. 

Sec.  7404  Hemingway's  Code. 

4621.  General  provisions — Obedience   to   teachers. — 
All  pupils  must  comply  with  the  regulations,  pursue  the  re- 
quired course  of  study,  and  submit  to  the  authority  of  the 
teachers  of  schools. 

Sec.  7405  Hemnigway's  Code. 

4622.  Damage  to  school  property. — A  pupil  who  wil- 


PUBLIC  SCHOOLS  101 

fully  cuts,  defaces,  or  otherwise  injures  any  schoolhouse  or 
the  fences  or  outbuildings  or  shade  trees  thereof,  is  liable 
to  suspension  or  expulsion ;  and  the  parents  or  guardians 
of  such  pupils  shall  be  liable  for  all  damages. 

Sec.  7406  Hemingway's  Code. 

4623.  General  rules  for  teachers — -Every  teacher  in  a 
public  school  must,  before  taking  charge  of  a  school  and  one 
week  before  closing  a  term,  notify  the  county  superintend- 
ent of  the  fact,  naming  the  day  of  opening  or  closing ;  must 
enforce  the  course  of  study,  the  use  of  text-books,  and  the 
rules  and  regulations  prescribed  for  schools ;  and  must 
hold  pupils  to  a  strict  account  for  disorderly  conduct  on  the 
way  to  or  from  school,  on  the  playgrounds,  or  during  recess ; 
suspend  for  good  cause  any  pupil  from  the  school,  and  re- 
port such  suspension  to  the  board  of  trustees  for  review. 
If  his  action  be  not  sustained  by  them,  the  teacher  may  ap- 
peal to  the  county  superintendent,  whose  decision,  if  against 
the  teacher,  shall  be  final. 

Code  1906. 

Code  1906,  §§  4525,  4623,  do  not  authorize  the  adoption  of  a  rule 
requiring  all  pupils  of  the  school  to  remain  in  their  homes  and  study 
between  designated  hours  in  the  evening.  Hobbs  v.  Germany,  94 
Miss.  469,  49  So.  515. 

Sec.  7408  Hemingway's  Code. 

4625.  Criminal  to  abuse  teachers  or  disturb  school. — 
A  parent,  guardian,  or  other  person  who    shall     insult    or 
abuse  any  teacher  in  the  presence  of  the  school  shall     be 
guilty  of  a  misdemeanor,  and  be  liable  to  a  fine  of  not  less 
than  ten  dollars  nor  more  than  fifty  dollars.      Any  person 
who  shall  wilfully  disturb  any  public  school  or  any  public 
school  meeting  shall  be  guilty  of  a  misdemeanor,  and  liable 
to  a  fine  of  not  less  than  ten  dollars  nor  more  than  fifty 
dollars. 

Sec.  7409  Hemingway's  Code. 

4626.  Officers,  trustees  and  teachers  not  to  speculate 
in  books. — If  a  public  officer  of  this  state,  or  of  any  district, 
county,  county  district,  city,  town,  or  village  thereof,  or 
any  teacher  or  trustee  of  any  public  school  shall  be  interest- 
ed in  the  sale,  proceeds  or  profits  of  any  books,  apparatus, 
or  furniture  to  be  used  in  any  public  school  of  this  state,  he 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall 


102  PUBLIC  SCHOOLS 

be  fined  not  less  than  two  hundred  dollars  nor  more  than 
five  hundred  dollars. 

Sec.  7410  Hemingway's  Cod;. 

4627.  Outstanding  school  indebtedness. — In  any  coun- 
ty where  there  are  outstanding  school  warrants  or  indebted- 
ness due  teachers  for  teaching  in  the  public  schools,     the 
board  of  supervisors  shall  inquire  into  the  justness  of  such 
unpaid  claims,  and  if  they  believe  it  to  be  right  and  proper 
for  the  same  to  be  paid,  they  may  take  up  and  cancel  the 
same  and  cause  a  warrant  to  issue  to  the  proper  person  on 
any  county  funds  in  the  treasury  for  such  amount  as  they 
may  determine  to  be  justly  due.      In  counties  where  such 
outstanding  indebtedness  exists,  and  no  funds  on  hand  to 
pay  it,  the  boards  of  supervisors  of  such  counties  may  make 
a  special  levy,  not  to  exceed  one  mill  in  any  one  year  to  pay 
the  same. 

Code  1906. 

Code  1906,  §  4627,  is  mandatory,  and  requires  the  board  of  super- 
visors to  provide  for  the  payment  of  warrants  issued  upon  pay  cer- 
tificates attested  by  the  superintendent  of  education  under  §  4566. 
Hebron  Bank  v.  Lawrence  County,  109  Miss.  397,  69  So.  209. 

Sec.  7411  Hemingway's  Code. 

4628.  To  pay  school  teachers  where  deficit  occurs   in 
school  funds  in  certain  cases. — In  any  county  where  public 
schools  have  been  taught  and  the  teachers  have  not  all  been 
paid,  and  the  sureties  on  the  official  bond  of  the  county 
superintendent  of  public  education  have  paid  the  full  pen- 
alty of  the  bond  into  the  county  treasury,  any  teacher  who 
has  taught  a  school  under  employment  of  the  county  super- 
intendent, and  has  not  been  paid  in  full  for  services  as  such 
teacher,  may  file  with  the  board  of    supervisors    a    claim 
against  the  county  for  the  balance  due,  and  the  board  of  su- 
pervisors may  examine  all  such  claims  and  allow  such  as  it 
may  deem  just,  and  authorize  the  same  to  be  paid  out  of  any 
general  county  funds  in  the  hands  of  the  county  treasurer. 

Sec.  7412  Hemingway's  Code. 

4629.  School  libraries. — When  any  public  free  school 
in  this  state  shall  raise  ten  dollars  by  subscription  or  other- 
wise for  a  library  for  such  school,  and  shall  furnish  a  suit- 
able bookcase  with  lock  and  key,  the  superintendent  of  edu- 
cation of  the  county  where  such  subscription  is  raised  may 


PUBLIC  SCHOOLS  103 

issue  his  certificate  for  ten  dollars  in  favor  of  said  school, 
to  be  paid  out  of  the  common-school  fund  of  that  county; 
but  in  no  case  shall  the  amount  given  by  the  county  in  any 
year  exceed  one  hundred  dollars;  provided,  that  no  school 
shall  receive  a  second  donation  from  the  school  fund  for  li- 
brary purposes  so  long  as  there  are  any  new  applications 
from  schools  that  have  not  been  supplied. 

Sec.  7413  Hemingway's  Code. 

4630.  Library  commission. — The  county  superintend- 
of  education  shall  name  two  first-grade  teachers,  who,  to- 
gether with  the  county  'superintendent  of  education,  shall 
constitute  a  county  library  commission,  and  it  shall  be  the 
duty  of  this  commission  to  name  a  list  of  books  suited  for 
school  libraries,  and  all  books  purchased  under  this  provi- 
sion shall  be  selected  from  this  list.  It  shall  be  the  duty 
of  this  commission  to  make  rules  and  regulations  to  govern 
and  control  the  use  of  such  libraries  in  the  county,  and  shall 
name  a  local  manager  for  each  library,  who  shall  make  a  re- 
port every  year  to  the  county  commission  of  all  books  pur- 
chased during  the  year,  of  the  money  on  hand  at  the  time  of 
the  report,  together  with  the  amount  expended  for  library 
purposes.  The  county  superintendent  shall  keep  a  list  of 
books  purchased  by  the  several  libraries  of  his  county 
and  make  a  library  report  to  the  state  superintendent  of 
education  biennially  with  the  county  school  report. 

HOUSE  BILL  No.  130. 

AN  ACT  to  authorize  the  boards  of  supervisors  of  counties,  whose  as- 
sessed valuation  in  1919  was  more  than  $18,000,000.00  to  appropri- 
ate money  to  the  support  of  public  libraries. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  board  of  supervisors  of  any 
county,  whose  total  assessed  valuation,  including  railroads, 
and  all  public  utilities,  was  in  the  year  nineteen  hundred 
and  nineteen,  more  than  eigtheen  million  dollars  ($18,000,- 
000.00),  is  empowered  in  its  discretion,  to  appropriate  a 
sum  not  to  exceed  three  thousand  dollars  ($3,000.00)  per 
annum  toward  the  support  of  one  or  more  public  libraries 
situated  in  said  county. 

Sec.  2.  That  this  act  take  effect  from  and  after  its 
passage. 

Approved  March  15,  1920. 


104  PUBLIC  SCHOOLS 

SENATE  BILL  No.  91. 

AN  ACT  to  provide  for  the  acceptance  of  the  benefits  of  an  act  passed 
by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America,  in  Congress  assembled,  to  provide  for  the  promotion 
of  vocational  education,  to  provide  for  the  appointment  of  a  state 
'board  of  vocational  education,  and  to  provide  for  the  duties  there- 
of; and  to  provide  for  the  expenditure  of  any  appropriation  for 
vocational  education  that  may  be  made. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  State  of  Mississippi  hereby 
accepts  all  of  the  provisions  and  benefits  of  an  act  passed 
by  the  senate  and  house  of  representatives  of  the  United 
States  of  America,  in  Congress  assembled,  entitled,  "An  Act 
to  provide  for  the  promotion  of  vocational  education ;  to  pro- 
vide for  co-operation  with  the  states  in  the  promotion  of 
vocational  education ;  to  provide  for  co-operation  with  the 
states  in  the  promotion  of  such  education  in  agriculture  and 
the  trades  and  industries ;  to  provide  for  co-operation  with 
the  state  in  the  preparation  of  teachers  of  vocational  sub- 
jects and  to  appropriate  money  and  regulate  its  expendi- 
ture," approved  February  twenty-third,  nineteen  hundred 
seventeen. 

Sec.  2.  The  state  treasurer  is  hereby  designated  and 
appointed  custodian  of  all  moneys  received  by  the  state 
from  the  appropriations  made  by  said  act  of  Congress  and 
he  is  authorized  to.  receive,  and  to  provide  for  the  proper 
custody  of  the  same,  and  to  make  disbursements  thereof  in 
the  manner  provided  for  in  the  act  and  for  the  purposes 
therein  specified.  He  shall  also  pay  out  any  moneys  appro- 
priated by  the  State  of  Mississippi  for  the  purpose  of  car- 
rying out  the  provisions  of  this  act  upon  the  order  of  the 
state  board  for  vocational  education. 

Sec.  3.  There  is  hereby  created  a  state  board  for  vo- 
cational education,  to  consist  of  the  state  superintendent  of 
education,  the  state  supervisor  of  affiliated  high  schools,  the 
acting  supervisor  of  white  rural  schools  the  acting  super- 
visor of  negro  rural  schools,  and  one  white  citizen  of  the 
state  to  be  appointed  by  the  governor,  which  citizen  may 
be  a  woman,  by  and  with  the  advice  and  consent  of  the  sen- 
ate, who  shall  hold  office  for  a  term  of  four  years,  and  until 
his  successor  is  appointed  and  has  qualified.  Members  of 
the  board  shall  receive  no  salary  nor  traveling  expenses  save 


PUBLIC  SCHOOLS  105 

the  member  appointed  by  the  governor  who  shall  receive 
actual  and  necessary  expenses  in  attending  board  meetings. 

Sec.  4.  The  state  superintendent  of  education  shall 
serve  as  executive  officer  of  the  state  board  for  vocational 
education,  and  shall  designate,  by  and  with  the  advice  and 
consent  of  the  state  board  for  vocation  education,  such  as- 
sistants as  may  be  necessary  to  properly  carry  out  the  pro- 
visions of  this  act.  The  state  superintendent  of  education 
shall  also  carry  into  effect  such  rules  and  regulations  as  the 
state  board  for  vocational  education  may  adopt  and  shall 
prepare  such  reports  concerning  the  conditon  of  vocational 
education  in  the  state  as  the  state  board  for  vocational  edu- 
cation may  require. 

Sec.  5.  That  the  state  board  for  vocational  education 
shall  have  all  necessary  authority  to  co-operate  with  the 
federal  board  for  vocational  education  in  the  administra- 
tion of  said  act  of  Congress ;  to  administer  any  legislation 
pursuant  thereto  enacted  by  the  State  of  Mississippi,  and  to 
administer  the  funds  provided  by  the  federal  government 
and  the  State  of  Mississippi  under  the  provisions  of  this 
act,  for  the  promotion  of  vocational  education  in  agricultur- 
al subjects,  trade  and  industrial  subjects,  and  home  eco- 
nomics subjects.  It  shall  have  full  authority  to  formulate 
plans  for  the  promotion  of  vocational  education  in  such  sub- 
jects as  an  essential  and  integral  part  of  the  public  school 
system  of  education  in  the  state  of  Mississippi,  and  to  pro- 
vide for  the  preparation  of  teachers  of  such  subjects.  It 
shall  have  authority  to  fix  the  compensation  of  such  officials 
and  assistants  as  may  be  necessary  to  administer  the  federal 
act  and  this  act  for  the  state  of  Mississippi  and  to  pay  such 
compensation  and  other  necessary  expenses  of  administra- 
tion from  funds  appropriated  in  this  act.  It  shall  have  au- 
thority to  make  studies  and  investigations  relating  to  vo- 
cational education  in  such  subject;  to  publish  the  results  of 
such  investigation  and  to  issue  other  publications  as  seem 
necessary  by  the  board ;  to  promote  and  aid  in  the  establish- 
ment by  local  communities  of  schools  departments,  or  class- 
es giving  training  in  such  subjects ;  to  cooperate  with  local 
communities  in  the  maintenance  of  such  schools,  depart- 
ments or  classes  to  prescribe  qualifications  for  the  teachers, 
directors  and  supervisors  of  such  subjects,  and  to  have  full 
authority  to  provide  for  the  certification  of  such  teachers, 
directors  and  supervisors;  to  co-operate  in  the  mainten- 


106  PUBLIC  SCHOOLS 

ance  of  classes  supported  and  controlled  by  the  public  for 
the  preparation  of  teachers,  directors  and  supervisors-  of 
such  subjects  or  to  maintain  such  classes  under  its  own  di- 
rection and  control;  to  establish  and  determine  by  general 
regulations  the  qualifications  to  be  possessed  by  persons 
engaged  in  the  training  of  vocational  teachers 

Sec.  6.  That  the  state  board  for  vocational  education 
shall  hold  at  least  three  stated  meetings  per  year,  and  at 
such  other  times  as  may  be  designated  by  the  executive  of- 
ficer of  the  board  or  upon  the  request  in  writing  of  a  ma- 
jority of  the  members  of  the  board.  The  stated  meetings 
of  the  board  shall  be  held  in  the  office  of  the  state  superin- 
tendent of  education. 

Sec.  7.  That  the  board  of  trustees  of  any  public  school 
in  the  state  may  in  their  discretion  co-operate  with  the  state 
board  for  vocational  education  in  the  establishment  and 
maintenance  of  vocational  schools  or  classes  giving  instruc- 
tion in  agricultural  subjects,  or  in  trade  or  industrial  sub- 
jects, or  in  home  economics  subjects  to  persons  in  need  of 
such  instruction,  and  may  use  for  paying  the  cost  of  such 
co-operation  any  moneys  raised  by  public  taxation  in  the 
same  manner  as  moneys  for  other  school  purposes  are  used 
for  the  maintenance  and  support  of  public  schools. 

'Sec.  8.  The  state  of  Mississippi  shall  appropriate 
sums  of  money  for  the  support  of  vocational  education  from 
year  to  year,  sufficient  at  least  to  equal  the  amounts  allotted 
year  by  year  to  the  state  of  Mississippi  for  vocational  edu- 
cation by  the  federal  government  under  the  provisions  of 
the  act  known  as  the  Smith-Hughes  Act,  which  act  was  ap- 
proved February  23,  1917. 

Sec.  9.  That  any  appropriation  that  may  hereafter  be 
made  under  the  provision  of  this  act  shall  be  used  by  the 
state  board  for  vocational  education  for  the  promotion  of 
vocational  education  as  provided  for  in  the  federal  act  and 
for  the  purpose  set  forth  in  this  act.  Provided  that  the 
state  appropriations  shall  not  be  used  to  reimburse  high 
schools  which  are  receiving  other  state  funds,  except  in  lieu 
of  not  more  than  one-half  the  amount  that  may  be  due  such  a 
high  school  from  federal  funds.  Provided  further,  that 
only  such  a  portion  of  the  above  state  appropriations  shall 
be  used  as  may  be  absolutely  necesasry  to  carry  out  the  pro- 
visions of  this  act  and  to  meet  the  federal  requirements. 


PUBLIC  SCHOOLS  107 

Sec.  10.  That  the  state  board  for  vocational  education 
shall  make  a  report  biennially  to  the  state  legislature  set- 
ting forth  the  condition  of  vocational  education  in  the  state 
of  Mississippi,  a  list  of  schools  to  which  federal  and  state 
aid  has  been  given,  and  a  detailed  statement  of  the  expendi- 
tures of  federal  funds  and  the  state  funds  that  may  be  pro- 
vided. 

Sec.  11.  That  the  provisions  of  this  act  are  substituted 
for  the  existing  school  laws  concerning  vocational  education 
in  this  state,  and  that  all  such  existing  school  laws  of  this 
state  and  all  laws  or  parts  of  laws  in  conflict  herewith  are 
hereby  repealed. 

Sec.  12.     That  this  act  take  effect  and  be  in  force  from 
and  after  90  days  of  the  adjournment  of  the  legislature. 
Approved  February  24,  1920. 

CHAPTER  256. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  board  of  trustees  of  any  pub- 
lic school  in  the  state  may  in  their  discretion,  maintain 
evening  or  part-time  schools  for  persons  in  need  of  such  in- 
struction and  pay  for  same  from  school  funds  raised  by  local 
levy. 

Sec.  2.  That  the  state  board  of  vocational  education  is 
hereby  authorized  and  empowered  to  establish  qualifica- 
tions for  and  to  examine  and  legally  license  all  teachers  who 
are  to  be  employed  in  vocational  schools  or  departments  es- 
tablished under  the  provisons  o'f  the  act  of  congress  approv- 
ed February  23,  1917,  entitled,  "An  Act  to  provide  for  the 
promotion  of  vocational  education,  etc." 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

SENATE  BILL  No.  112. 

AN  ACT  to  provide  for  the  acceptance  of  the  benefits  of  an  act  pass- 
ed by  the  senate  and  house  of  representatives  of  the  United  States 
of  America,  in  Congress  assembled,  to  provide  for  the  promotion 
of  vocational  rehabilitation  of  persons  disabled  in  industry  or 
otherwise  and  their  return  to  civil  employment,  to  provide  for  the 


108  PUBLIC  SCHOOLS 

appointment  of  a  custodian  for  all  moneys  received  by  the  state 
from  the  United  States,  or  from  other  sources  for  the  purpose 
stated  to  empower  and  direct  the  state  board  of  vocational  educa- 
tion to  co-operate  with  the  federal  board  for  vocational  education 
in  carrying  out  the  provisions  of  said  act  and  to  prescribe  its  pow- 
ers and  duties,  and  to  provide  for  state  appropriations  for  voca- 
tional rehabilitation  of  persons  disabled  in  industry  or  otherwise. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  state  of  Mississippi  hereby 
accepts  all  of  the  provisions  and  benefits  of  an  act  passed  by 
the  senate  and  house  of  representatives  of  the  United  States 
of  America  in  Congress  assembled,  entitled:  "An  Act  to 
provide  for  the  promotion  of  vocational  rehabilitation  of 
persons  disabled  in  industry  or  otherwise,  and  their  return 
to  civil  employment,"  approved  June  2nd,  1920,  the  same  be- 
ing Public  Acts  236  of  the  66th  Congress. 

Sec.  2.  That  the  state  treasurer  is  hereby  designated 
and  appointed  custodian  of  all  moneys  received  by  the  state 
from  appropriations  made  by  Congress  of  the  United  States, 
or  from  other  sources  for  the  vocational  rehabilitation  of 
persons  disabled  in  industry  or  otherwise,  and  he  is  author- 
ized to  receive  and  to  provide  for  the  proper  custody  of  the 
same  and  to  make  disbursement  therefrom  upon  the  requi- 
sition of  the  state  board  of  vocational  education  as  attested 
by  its  chairman  and  chief  executive  officer. 

Sec.  3.  That  the  board  heretofore  designated  or  creat- 
ed as  the  state  board  for  vocational  education  to  co-operate 
with  the  federal  board  for  vocational  education  in  the  ad- 
ministration of  the  provisions  of  the  vocational  education 
act,  approved  February  23,  1917,  is  hereby  designated  as  the 
state  board  for  the  purpose  of  co-operating  with  the  said 
federal  act  providing  for  the  vocational  rehabilitation  of 
persons  disabled  in  industry  or  otherwise,  and  is  hereby  em- 
powered and  directed  to  co-operate  with  said  federal  board 
in  the  administration  of  said  act  of  Congress  to  administer 
any  legislation  pursuant  thereto  enacted  by  the  state  of  Mis- 
sissippi, to  prescribe  and  provide  such  courses  of  vocational 
training  as  may  be  necessary  for  vocational  rehabilitation 
of  persons  disabled  in  industry  or  otherwise  and  their  re- 
turn to  civil  employment,  to  provide  for  the  supervision  °f 
such  training,  to  direct  the  disbursement  and  administer  the 
use  of  all  funds  provided  by  the  federal  government  or  this 


PUBLIC  SCHOOLS  109 

state  for  the  vocational  rehabilitation  of  such  persons,  and 
to  do  all  things  necessary  to  insure  the  vocational  rehabili- 
tation of  persons  within  the  state  disabled  in  industry  or 
otherwise. 

Sec.  4.  That  the  state  board  for  vocational  education 
is  hereby  authorized  and  empowered  to  receive  such  gifts 
and  donations  from  either  public  or  private  sources  as  may 
be  offered  unconditionally  or  under  such  conditions  related 
to  the  vocational  rehabilitation  of  persons  disabled  in  indus- 
try or  otherwise  as  in  the  judgment  of  said  state  board  are 
proper  and  consistent  with  the  provisons  of  this  act.  All 
the  moneys  received  as  gifts  or  donations  shall  be  deposit- 
ed in  the  state  treasury  and  shall  constitute  a  permanent 
fund  to  be  called  the  special  fund  for  the  vocational  re- 
habilitation of  disabled  parties,  to  be  used  by  the  said  board 
related  thereto.  The  state  board  shall  make  a  report  bi- 
ennially to  the  state  legislators  setting  forth  the  condition 
of  vocational  rehabilitation  of  disabled  persons  in  Missis- 
sippi, the  expenditures  made  from  state  and  federal  funds, 
in  carrying  out  the  provisions  of  this  act,  or  for  purposes 
and  a  detailed  statement  of  all  gifts  and  donations  offered 
and  accepted,  together  with  the  names  of  donors  and  the  re- 
spective amounts  contributed  by  each,  and  all  the  disburse- 
ments made  therefrom. 

Sec.  5.  That  the  state  of  Mississippi  shall  appropriate 
sums  of  money  for  the  support  of  vocational  rehabilitation 
of  persons  disabled  in  industry  or  otherwise  in  this  state, 
from  year  to  year,  sufficient  at  least  to  equal  the  amounts 
allotted  year  by  year  to  the  state  of  Mississippi  for  voca- 
tional rehabilitation  of  persons  disabled  in  industry  or 
otherwise  by  the  federal  government,  under  the  provisions 
of  the  federal  industrial  rehabilitation  act  which  act  was 
approved  June  2,  1920. 

Sec.  6.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  2,  1922. 


110  PUBLIC  SCHOOLS 

CHAPTER  25. 
HOUSE  BILL  No.  799. 

AN  ACT  to  appropriate  money  for  the  support  of  vocational  reha- 
bilitation of  disabled  persons  in  Mississippi  for  the  years  1922  and 
1923. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  there  be  and  is  hereby  appro- 
priated out  of  any  money  in  the  State  Treasury,  not  other- 
wise appropriated,  the  sum  of  seventeen  thousand  nine  dol- 
lars and  twenty-seven  cents,  ($17,009.27)  for  the  year 
1922,  and  the  sum  of  seventeen  thousand  nine  dollars  and 
twenty-seven  cents,  ($17,009.27)  for  the  year  1923,  or  so 
much  thereof  as  may  be  necessary  for  the  expenditure  un- 
der the  supervision  of  the  State  Board  for  Vocational  Edu- 
cation in  the  support  of  Vocational  Rehabilitation  of  dis- 
abled persons  in  Mississipp. 

Sec.  2.  That  the  money  appropriated  by  this  act  shall 
be  paid  out  of  the  State  Treasury  only  in  the  manner  pro- 
vided for  by  the  law. 

Sec.  3.     That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 
Approved  March  30th,  1922. 

CHAPTER  57. 
SENATE  BILL  No.  107. 

AN  ACT  to  appropriate  money  for  the  support  of  vocational  educa- 
tion in  Mississippi  for  the  fiscal  years  ending  June  30,  1920,  June 
30,  1921  and  June  30,  1922. 

Vocational  education — fund  provided  for. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  there  and  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury,  not  otherwise  ap- 
propriated, the  sum  of  twenty-seven  thousand  four  hundred 
thirty-two  dollars  and  forty-three  cents  ($27,432.43)  for 
the  fiscal  year  ending  June  30,  1920 ;  the  sum  of  sixty-six 
thousand  and  seven  dollars  and  (twelve  cents  ($66,007.12) 
for  the  fiscal  year  ending  June  30, 1921 ;  the  sum  of  seventy- 
five  thousand  two  hundred  eighty-six  dollars  and  forty- 
eight  cents  ($75,286.48)  for  the  fiscal  year  ending  June 


PUBLIC  SCHOOLS  111 

30,  1922,  or  so  much  thereof  as  may  be  necessary  for  ex- 
penditure under  the  supervision  of  the  state  board  for  vo- 
cational education  in  the  support  of  vocational  education  in 
Mississippi  as  provided  for  by  law. 

How  money  to  be  paid  out. 

Sec.  2.  That  the  money  appropriated  by  this  act  shall 
be  paid  out  of  the  state  treasury  only  in  the  manner  provid- 
ed by  law. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  29,  1920. 

CHAPTER  253. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  boards  of  supervisors  of  the 
various  counties  in  Mississippi,  which  are  entitled  to  share 
in  the  distribution  of  the  Chickasaw  school  funds,  be  and 
are  hereby  authorized  and  empowered  to  make  settlement 
with  any  separate  school  district  in  said  counties  which  has 
received  more  or  less  than  its  proportionate  part  of  said 
funds  and  the  boards  of  supervisors  may  appropriate  any 
money  now  on  hand  or  that  may  be  allotted  to  said  counties 
in  the  future  in  the  payment  of  any  amount  due  to  such 
separate  school  districts. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

CHAPTER  250. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  all  bonds,  notes,  certificates  of 
indebtedness  and  other  obligations,  which  have  been  issued 
or  ordered  issued,  by  any  and  all  consolidated  school  dis- 
tricts or  separate  school  districts,  under  and  by  authority 
of  any  general,  special,  local  or  private  act  of  the  legisla- 
ture be,  and  they  are  hereby  in  all  things  made  valid  and 
legal,  and  are  binding  obligations  on  the  consolidated  school 
district  or  separate  school  districts  issuing  the  same,  or  or- 


112  PUBLIC  SCHOOLS 

dering  the  same  to  be  issued,  regardless  of  defects,  errors, 
omissions,  or  informalities  in  their  issuance  or  orders  of 
issuance,  or  in  the  organization  of  such  school  districts,  or 
the  failure  of  such  consolidated  school  districts  or  separate 
school  districts  to  comply  with  any  law  or  part  of  law  pro- 
viding for  their  issuance,  or  in  the  creation  or  organization 
of  such  district. 

Sec.  2.  That  this  act  shall  apply  to  all  such  bonds, 
notes,  certificates  of  indebtedness,  or  other  such  obligations, 
already  issued  and  outstanding,  or  ordered  to  be  issued,  and 
such  obligations,  bonds,  notes  and  certificates  of  indebted- 
ness are  hereby  made  in  all  things  valid  and  legal,  provided, 
it  shall  not  apply  to  bonds  over  which  there  is  now  a  judicial 
contest  and  upon  which  no  money  has  been  paid. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Code  1906. 
Sec.  4639  Hemingway's  Code. 

2272.  Doors  to  open  outwardly. — All  the  door  for  in- 
gress and  egress  to  public  schoolhouses,  theatres,  assembly 
rooms,  halls,  courthouses,  churches  factories  with  more  than 
twenty  employes,  and  all  other  buildings  and  places  of  pub- 
lic resort  whatever,  where  people  are  wont  to  assemble,  ex- 
cepting schoolhouses,  courthouses,  and  churches  of  one  au- 
dience-room, and  that  on  the  ground  floor,  shall  be  so  swung 
as  to  open  outwardly  from  the  audience-rooms,  halls,  or 
workshops ;  but  such  doors  may  be  hung  on  double- jointed 
hinges,  so  as  to  open  with  equal  ease  outwardly  or  inwardly, 

HOUSE  BILL  No.  177. 

AN  ACT  to  compel  the  attendance  of  school  children  within  certain 
ages  in  the  state  of  Mississippi;  to  fix  exceptions  to  such  provi- 
sions; to  provide  means  for  the  enforcement  of  this  act;  to  re- 
quire reports  from  public,  private  and  parochial  school;  to  make 
it  unlawful  for  any  parent,  guardian  or  other  person  occupying 
the  place  of  parent  to  violate  the  provisions  of  this  act  and  fix- 
ing penalties  therefor. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  on  and  after  August  1,  1920,  ev- 
ery parent,  guardian  or  other  person  in  the  state  of  Missis- 


PUBLIC  SCHOOLS  113 

sippi  having  control  or  charge  of  any  child  or  children  be- 
tween the  ages  of  seven  and  fourteen  years  of  age  inclusive, 
shall  be  required  to  send  such  child  or  children  to  public  day 
school  or  to  a  private  denominational  or  parochial  day  school 
taught  by  a  competent  instructor,  and  such  child  or  children 
shall  attend  school  for  at  least  eighty  (80)  days  during  each 
and  every  scholastic  year ;  provided  that  the  period  of  com- 
pulsory attendance  for  each  school  shall  commence  at  the 
beginning  of  the  school,  unless  otherwise  ordered  by  a  board 
of  trustees  of  a  municipal  separate  school  district  for  the 
schools  of  that  district,  or  by  the  county  school  board  for 
other  schools  in  the  county  coming  under  the  provisions  of 
this  act. 

Sec.  2.  That  any  and  all  children  who  have  completed 
the  common  school  course  of  study  or  the  equivalent  thereof, 
shall  be  exempt  from  the  provisions  of  this  act,  and  in  case 
there  be  no  schools  of  suitable  grade  within  two  and  one- 
half  miles,  by  the  nearest  traveled  road,  of  any  person  be- 
tween the  ages  of  seven  and  fourteen  years  inclusive,  he  or 
she  shall  not  be  subject  to  the  provisions  of  this  act,  unless 
transportation  is  furnished  as  provided  for  in  the  case  of 
consolidated  schools,  provided  further  that  the  trustees  of 
any  school,  with  the  approval  of  the  county  superintendent 
of  education,  shall  have  the  authority,  in  the  exercise  of 
their  discretion,  to  permit  the  temporary  absence  of  child- 
ren from  the  school,  between  the  ages  of  seven  and  fourteen, 
inclusive,  in  extreme  cases  of  emergency. 

Sec.  3.  That  any  and  all  children  who  are  mentally 
and  physically  incapacitated  for  the  work  of  the  school  are 
exempt  from  the  provisions  of  this  act,  but  the  trustees  of 
any  school  with  the  approval  of  the  county  superintendent 
of  education  shall  have  the  right  and  they  are  hereby  au- 
thorized, when  such  exemption,  under  the  provisions  of  this 
act,  is  claimed  by  any  parent,  guardian  or  other  person  hav- 
ing control  of  such  child  or  children,  to  require  from  the 
county  health  officer  or  a  reputable  practicing  physician  a 
properly  attested  certificate  that  such  a  child  or  children 
have  been  examined  by  him  and  should  not  be  required  to 
attend  school. 

Sec.  4.  In  case  any  parent,  guardian  or  other  person 
having  control  of  a  child  shall  show  before  the  superintend- 
ent or  principal  of  a  school  that  the  child  is  without  books 
for  attending  school,  and  that  such  parent  or  guardian  is 


114  PUBLIC  SCHOOLS 

unable  to  furnish  them,  the  said  superintendent  or  principal 
shall  at  once,  if  he  decides  the  case  has  merit  report  in 
writing  the  facts  to  the  county  superintendent  of  education, 
who  shall  make  a  thorough  Investigation  of  all  claims  set 
forth  by  said  parent  or  guardian,  and  if  he  finds  these 
claims  to  be  true,  he  shall  in  his  discretion,  present  the  case 
to  the  board  of  supervisors  who  are  hereby  authorized  and 
instructed  to  provide  such  books  as  may  be  necessary  to 
equip  such  child  for  attendance  at  school,  out  of  the  general 
county  fund,  or  other  funds  under  control  of  the  board. 

Sec.  5.  It  shall  be  the  duty  of  the  county  superintend- 
ent of  education  to  keep  a  record  of  the  educable  children  in 
the  county  between  the  ages  of  seven  and  fourteen  years  in- 
clusive; to  require  such  reports  from  the  principal  teacher 
in  each  public,  private  or  parochial  school  in  the  county  as 
shall  be  required  by  the  state  superintendent  of  education, 
showing  the  number  of  absentees  and  cause  of  same  on 
blanks  furnished  by  the  state  department  of  education ;  to 
give  written  notices  to  parents,  guardians  or  other  persons 
having  control  of  truant  children  as  provided  in  section  6 
of  this  act ;  to  make  affidavits  against  parents,  guardians  or 
other  persons  having  control  of  such  truant  children  as  pro- 
vided in  sec.  7  of  this  act  to  proceed  against  incorrigible 
children  as  provided  in  sec.  9  of  this  act;  to  furnish  each 
principal  teacher  with  a  list  of  all  children  between  the  ages 
of  seven  and  fourteen  inclusive,  as  provided  in  section  10  of 
this  act,  and  to  make  monthly  and  yearly  reports  to  the  state 
superintendent  of  education  as  may  be  required  by  him  and 
to  retain  a  copy  of  such  reports  in  his  office. 

Sec.  6.  At  the  end  of  the  fifth  day  of  compulsory  at- 
tendance period  of  any  school,  the  principal  teacher  shall 
report  to  the  county  superintendent  of  education  the  names 
and  addresses  of  all  children  between  the  ages  of  seven  and 
fourteen  years,  inclusive,  who  are  absent  for  more  than  one 
day,  and  whose  absence  is  not  satisfactorily  explained  by 
'the  parent,  guardian,  or  other  person  having  control  of  the 
child.  Upon  investigation  where  no  valid  reason  for  non- 
enrollment  is  found,  it  shall  be  the  duty  of  the  county  super- 
intendent of  education  to  give  written  notice  to  the  parent, 
guardian  or  other  person  having  control  of  the  child,  which 
notice  shall  require  the  attendance  of  said  child  at  such 
school  within  three  days  from  the  date  of  said  notice  for 
non-enrollment  and  immediately  for  non-attendance. 


PUBLIC  SCHOOLS  115 

Sec.  7.  That  if  within  three  days  from  date  of  service 
of  such  notice  for  non-enrollment  and  immediately  for  non- 
attendance,  the  parent,  guardian  or  other  person  having 
control  of  such  child,  does  not  comply  with  the  require- 
ments, the  county  superintendent  of  education  shall  make 
affidavit  against  such  parent,  guardian  or  other  person  hav- 
ing control  of  the  child,  before  any  justice  of  the  peace, 
mayor  or  police  justice  of  any  town  or  city  as  the  case  may 
be,  in  which  such  offense  shall  be  committed,  which  court  is 
hereby  clothed  with  jurisdiction  over  all  offenders  with  full 
power  to  hear  <and  try  all  complaints,  and  on  conviction, 
punish  by  fine  of  not  less  than  one  dollar  ($1.00) ,  nor  more 
than  ten  dollars  ($10.00),  for  the  first  offense,  and  not  less 
than  five  dollars  ($5.00)  nor  more  than  twenty-five  dollars 
($25.00)  for  the  second  offense,  and  for  every  succeeding  of- 
fense not  less  than  twenty-five  dollars  ($25.00)  or  ten  days 
imprisonment  in  the  county  jail  or  both.  Fines  when  col- 
lected, to  be  paid  into  the  district  school  fund  in  which  pen- 
alty is  Inflicted. 

Sec.  8.  All  school  officers  including  those  in  private, 
denominational  or  parochial  schools  in  this  state,  offering 
instruction  to  pupils  within  the  compulsory  ages,  are  here- 
by required  to  make  and  furnish  all  reports  that  may  be  re- 
quired by  the  state,  and  by  the  county  superintendent  of  ed- 
ucation, or  by  the  trustees  of  any  municipal  separate  school 
district,  with  reference  to  the  working  of  this  act. 

Sec.  9.  That  in  case  any  pupil  becomes  habitually 
truant  or  a  menace  to  the  best  interests  of  the  school  which 
he  is  attending  or  should  attend,  it  shall  be  the  duty  of  the 
principal  teacher  of  the  school  to  report  such  fact  and  con- 
dition to  the  parent,  guardian  or  other  person  having  control 
of  such  child.  Should  such  parent,  guardian  or  other  per- 
son having  control  of  such  child,  state  in  writing  to  the  coun- 
ty superintendent  of  education  that  he  or  she  is  unable  to 
control  such  child,  then  said  county  superintendent  of  edu- 
cation shall  proceed  against  such  incorrigible  pupil  as  a  dis- 
orderly person  before  a  court  of  competent  jurisdiction,  and 
said  child  upon  conviction  may  be  sentenced  to  any  custodial 
institution  that  may  be  open  to  such  children.  If  there  be 
no  available  institution,  then  such  incorrigible  child  shall  be 
expelled  from  school. 

Sec.  10.  That  in  order  that  the  provisions  of  this  act 
may  be  definitely  enforced,  the  county  superintendent  of 
education  shall  not  later  than  ten  days  before  the  annual 


116  PUBLIC  SCHOOLS 

compulsory  attendance  term  furnish  to  each  principal  teach- 
er of  a  rural  school  and  to  the  superintendent  or  principal 
teacher  of  the  schools  in  any  municipal  separate  district,  a 
list  of  all  the  children  from  seven  to  fourteen  years,  inclu- 
sive, who  should  attend  the  school  or  schools  under  the 
charge  of  the  said  principal  teacher  of  the  rural  school  or  of 
the  superintendent  or  principal  of  the  school  or  schools  in 
any  municipal  separate  district,  as  the  case  may  be,  giving 
the  name,  date  of  birth,  age,  race,  sex  and  estimated  dis- 
tance from  the  school  house  by  the  nearest  traveled  road, 
the  name  and  address  of  parent,  guardian  or  other  person 
in  parental  relationship. 

Sec.  11.  That  any  county  in  this  state  may  release  it- 
self from  the  provisions  of  this  act  by  a  majority  vote  of  the 
qualified  electors  thereof,  cast  against  the  provisions  of 
this  act,  in  an  election  ordered  and  held  for  the  purpose  of 
determining  whether  or  not  the  provisions  of  this  act  shall 
be  enforced  in  such  county ;  provided,  however,  that  no  such 
election  shall  be  ordered  by  the  board  of  supervisors  of  any 
county  unless  requested  to  do  so  by  a  petition  signed  by  20 
per  cent  of  the  qualified  electors  of  such  county. 

Sec.  12.  That  chapter  258,  laws  of  1918,  is  hereby  re- 
pealed. 

Sec.  13.  That  this  act  take  effect  and  be  in  force  from 
and  after  August  1,  1920. 

Approved  March  27,  1920. 

SENATE  BILL  No.  530. 

AN  ACT  to  amend  section  29  of  House  Bill  66.  laws  of  1920,  approved 
March  19th,  1920,  so  as  to  make  the  salary  of  the  county  superin- 
tendent of  education  payable  out  of  the  common  school  fund. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  29  of  House  bill  66,  laws 
of  1920,  approved  March  19th,  1920,  be  amended  so  as  to 
read  as  follows : 

Sec.  29.  All  salaries  of  officers  and  deputies  herein 
provided  for  shall  be  paid  monthly,  out  of  the  general  county 
fund  except  that  of  county  superintendent  of  education, 
whose  salary  shall  be  paid  out  of  the  county  common  school 
fund,  upon  an  order  previously  made  by  the  board  of  super- 


PUBLIC  SCHOOLS  117 

visors  upon  the  presentation  of  a  voucher  by  each  of  the 
officers  and  deputies  herein  specified,  properly  prepared  by 
the  county  auditor,  who  shall  keep  an  account  of  all  salaries 
paid.  For  such  services  the  county  auditor  shall  not  re- 
ceive any  pay  in  addition  to  that  as  otherwise  provided  by 
law.  Municipalities  constituting  separate  school  districts 
and  rural  separate  school  districts  shall  pay  their  propor- 
tionate part  of  salary,  estimated  upon  the  amount  of  funds 
received  from  the  state  distribution. 

Sec.  2.     That  all  laws  and  parts  of  laws  in  conflict  with 
this  act  be  and  the  same  are  hereby  repealed  and  that  this 
act  take  effect  and  be  in  force  from  and  after  its  passage. 
Approved  April  3,  1920. 

SENATE  BILL  No.  43. 

AN  ACT  authorizing  the  board  of  trustees  of  separate  school  districts 
and  consolidated  schools  to  permit  the  use  of  school  buildings  for 
entertainments  and  civic  gatherings,  etc. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  board  of  trustees  of  every  sep- 
arate school  district  and  every  consolidated  school  district 
shall  have  power  in  their  discretion  to  designate  a  custodian 
or  custodians  of  the  school  building,  grounds  and  property 
of  school  district,  and  to  make  all  needful  rules  and  regula- 
tions concerning  the  duties  and  powers  of  such  custodian  or 
custodians. 

Sec.  2.  The  said  several  boards  of  trustees,  may,  in 
their  discretion,  authorize  the  use  of  the  school  buildings 
and  grounds  of  their  respective  districts  for  the  holding  of 
public  meetings  or  gatherings  of  the  people  under  such  rules 
and  regulations  as  said  board  of  trustees  may  prescribe. 

Sec.  3.     That  this  act  take  effect  and  be  in  force  90  days 
from  and  after  adjournment  of  legislature. 
Approved  February  4,  1920. 

HOUSE  BILL  No.  170. 

AN  ACT  providing  for  the  display  of  the  United  States  flag  within  or 
without  school  houses  in  this  state. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  flag  of  the  United  States  shall 


118  PUBLIC  SCHOOLS 

be  displayed  either  within  or  without  every  school  building. 
The  school  board  of  each  school  district  shall  provide  in  such 
manner  as  they  may  see  fit  for  the  flag  and  its  display. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 

Approved  March  27,  1920. 

CHAPTER  176. 
HOUSE  BILL  No.  457. 

AN  ACT  to  amend  section  4536,  code  of  1906,  so  as  to  increase  the 
compensation  of  the  county  board  of  examiners  of  teachers. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  4536  be  amended  so  as  to 
read  as  follows :  Two  first  grade  teachers  to  be  appointed 
annually  prior  to  the  fall  examinations  by  the  county  super- 
intendent of  education  shall,  with  the  county  super- 
intendent, constitute  an  examining  board  for  each  county; 
provided  the  members  of  said  board  shall  not  be  related  by 
affinity  or  consanguinity  (but  a  teacher  of  a  normal  or 
training  school  not  be  appointed  on  the  board) .  A  major- 
ity of  said  board  shall  be  present  and  conduct  all  examina- 
tions of  teachers,  as  herein  provided,  and  they  shall  as  a 
board,  and  not  individually,  review  and  grade  the  examina- 
tion papers  submitted  by  applicants  for  license  to  teach.  The 
teachers  comprising  the  board  shall  each  receive  five  dollars 
($5.00)  for  each  day  of  actual  service  in  holding  the  exam- 
inations and  twenty-five  cents  additional  for  grading  the 
papers  of  each  applicant,  to  be  paid  put  of  the  school  fund 
in  the  same  manner  as  teachers'  salaries  are  paid.  The  ex- 
aminers shall  qualify  by  taking  and  subscribing  the  oath  of 
office  before  the  county  superintendent,  who  shall  file  it  in 
his  office;  and  for  violations  of  any  section  of  this  law 
which  refers  to  examinations  they  shall  be  subject  to  the 
same  penalties  as  the  county  superintendent. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  April  3,  1920. 


COUNTY  SUPERINTENDENT  119 

COUNTY  SUPERINTENDENT. 

Sec.  7566  Hemingway's  Cede. 

4809.  Designation  and  qualifications. — There  shall  be 
a  superintendent  of  public  education  in  each  county,  who 
shall  be  elected  by  the  people,  whose  term  of  office  shall  be 
for  four  years.      Before  any  one  shall  be  elected  to  the  of- 
f ive  he  shall  have  attained  the  age  of  twenty-one  years,  and 
shall  be  a  qualified  elector  and  a  resident  citizen  of  the  state 
for  four  years  and  of  the  county  for  two  years  immediately 
preceding  his  election,  and  shall  have  passed  the  examina- 
tion provided  for  in  the  section  following  the  next  one  and 
have  received  a  certificate  accordingly. 

Sec.  7567  Hemingway's  Code. 

4810.  Elected  in  all  counties. — County    superintend- 
ents of  education  shall  be  elected  at  the  same  time  and  in 
the  same  manner  as  other  county  officers  are  elected,  and  a 
vacancy  occurring  in  said  office  shall  be  filled  in  the  manner 
provided  by  law  for  the  filling  of  vacancies  in  other  county 
offices. 

CHAPTER  249. 
LAWS  1912. 

Sec.  7568  Hemingway's  Code. 

4811.  How  examined. — All  applicants    or   candidates 
for  the  office  of  county  superintendent  shall  pass  an  exam- 
ination on  the  branches  required  for  the  first  grade  license, 
and  in  addition  on  the  art  of  teaching.      The  examination 
shall  be  held  in  the  county  of  the  applicant,  and  at  such  time 
as  may  be  suggested  by  said  applicant,  by  the  state  board  of 
examiners  under  regulations  passed  by  the  state  board  of 
education,  and  the  result  of  such  examination  shall  be  speed- 
ily made  known  to  said  applicant  by  said  board  of  examin- 
ers.     Candidates  or  applicants  who  prefer  to  take  the  ex- 
amination at  Jackson  can  do  so  by  giving  the  state  superin- 
tendent of  education  ten  days'  notice,  by  registered  letter, 
and  having  taken  said  examination  at  Jackson,  the  appli- 
cant shall,  as  speedily  as  practicable,  be  informed  of  the  re- 
sult thereof. 

CODE  1906. 

Sec.  7569  Hemingway's  Code. 

4812.  Oath  of  office  and  bond. — The  county  superin- 


120  COUNTY  SUPERINTENDENT 

tendent  shall,  before  entering  upon  the  duties  of  his  office, 
take  the  oath  of  office,  and  give  bond  with  two  sureties,  in 
the  penal  sum  of  not  less  than  five  hundred  dollars  nor  more 
than  two  thousand  dollars,  payable  to  the  state  conditional 
for  the  faithful  performance  of  his  duties,  the  amount  of 
said  bond  to  be  fixed  by  the  board  of  supervisors;  and  in 
case  the  superintendent  fail  to  give  the  required  bond  with- 
ing  thirty  days  after  his  term  of  office  begins,  when  ap- 
pointed, the  office  shall  be  vacant. 

Sec.  7570  Hemingway's  Code. 

4813.  Skatt  have  on  office. — The  county  superintend- 
ent shall  keep  an  office  at  the  county  seat  of  the  county, 
which  shall  be  provided  for  him,  and  furnished  with  such 
furniture  as  may  be  needed,  by  the  board  of  supervisors,  and 
allowed  and  paid  for  out  of  the  school  fund. 

Schools^  see  §  7576. 

Sec.  7571   Hemingway's  Code. 

4814.  Shall  keep  records. — The  county  superintend- 
ent shall  keep  a  record  of  all  of  his  offical  acts,  in  the  man- 
ner and  form  prescribed  by  law,  and  conform  the  manner  of 
its  keeping  to  the  recommendations  and  directions  of    the 
state  superintendent  of  education;  and  he    shall    preserve 
faithfully  all  reports  of  school  officers  and  teachers,  and,  at 
the  close  of  his  official  term,  deliver  to  his  successor  all 
records,  books,  documents,  and  papers  belonging  to  the  of- 
fice, taking  a  receipt  for  the  same,  which  shall  be  filed  in  the 
office  of  the  clerk  of  the  circuit  court ;  and  he  shall  perform 
such  other  duties  as  may  be  prescribed  by  law. 

Sec.  7572  Hemingway's  Code. 

4815.  Not  to  teach  school. — A  county  superintendent 
of  public  education  shall  not  teach  in  any  school  during  his 
term  of  office. 

Sec.  7573  Hemingway's  Code. 

4816.  Office  expenses. — The  cost    of    the    necessary 
books,  fuel,  office  furniture,  printing,  stationery,  and  post- 
age used  by  the  superintendent  of  education  in  the  discharge 
of  his  official  duties,  shall  be  paid  out  on  the  allowance    of 
the  board  of  supervisors  out  of  the  county  treasury ;  but  an 
allowance  therefor  shall  not  be  made  until  an  itemized  ac- 
count is  presented,  with  the  affidavit  of  the  superintendent 
attached  averring  its  correctness. 


COUNTY  SUPERINTENDENT  121 

Sec.  7574  Hemingway's  Code. 

4497.  County  superintendent — Duties  generally.— It 
shall  be  the  duty  of  the  county  superintendent : 

(a)  To  employ  for  each  school  under  his  supervision, 
such  teacher  or  teachers  as  may  be  recommended  by  the 
local  trustees ;  but  the  teacher  shall  hold  his  certificate  of 
proper  date  and  grade  and  execute  the  required  contract ; 

(b)  To  examine  the  monthly  reports  of  teachers  and 
require  the  signatures  of  a  majority  of  the  trustees  certify- 
ing to  the  accuracy  of  the  report,  and  upon  the  report  thus 
certified  to  issue  a  pay  certificate  showing  the  amount  of 
salary  due,  and  the  scholastic  month  for  which  it  is  issued. 
The  pay  certificate  must  be  in  the  form  prescribed  by  the 
board  of  education,  and  a  stub  duplicate  made  out  and  pre- 
served in  his  office ; 

(c)  To  fix  the  salaries  of  teachers  and  to  make  con- 
tracs  with  them ; 

(d)  To  enforce  the  course  of  study  adopted  by  the 
board  of  education,  and  the  uniform  text-books  adopted  for 
the  county ; 

(e)  To  enforce  the  law  and  the  rules  and  regulations 
in  reference  to  the  examination  of  teachers ; 

(f )  To  visit  the  schools  and  require  teachers  to  per- 
form all  their  duties ; 

(g)  To  select  and  employ  teachers  for  public  schools 
whose  trustees  fail  to  report  a  selection  within  ten  days  of 
the  time  fixed  by  the  county  school  board  for  the  beginning 
of  the  term ; 

(h)  To  administer  oaths  in  all  cases  of  teachers, 
trustees,  and  others  relating  to  the  schools,  and  to  take  testi- 
mony in  appeal  cases  under  the  school  law ; 

(i)  To  keep  on  file  and  preserve  in  his  office  the  bi- 
ennial report  of  the  superintendent  of  public  education  and 
all  circular  letters  sent  out  by  him,  and  a  copy  of  the  school 
law; 

(j)  To  distribute  promptly  all  reports  laws,  forms, 
circulars,  and  instructions  which  he  may  receive  for  the 


122  COUNTY  SUPERINTENDENT 

use  of  school  officers  and  teachers,  from  the  state  superin- 
tendent of  public  education ; 

(k)  To  carefully  preserve  all  reports  of  school  of- 
ficers and  teachers,  and,  at  the  close  of  the  term  of  office, 
deliver  to  his  successor  all  records,  books,  documents,  and 
papers  belonging  to  the  office,  taking  a  receipt  for  the  same, 
which  shall  be  filed  in  the  office  of  the  chancery  clerk ; 

(1)  To  make  annually,  on  or  before  the  first  day  of 
October,  a  written  report  to  the  board  of  supervisors  and 
mayor  and  board  of  aldermen  of  the  municipality  constitu- 
ing  a  separate  school  district,  showing  the  name,  sex  and 
color  of  the  teachers  employed  during  the  preceding  schol- 
astic year,  the  number  of  months  taught  by  each,  and  the 
'aggregate  amounts  of  pay  certificates  issued  to  each  and 
to  all ;  and  the  report  shall  be  filed  in  the  office  of  the  chan- 
cery clerk  or  the  municipal  clerk,  as  the  case  may  be,  and 
be  compared  by  said  officer  with  the  pay  certificates  of  the 
county  superintendent  for  the  period  embraced  in  the  re- 
port; 

(m)  To  file  with  the  chancery  and  municipal  clerks, 
before  issuing  any  pay  certificate  for  the  current  term,  list -3 
of  the  teachers  employed,  and  the  monthly  salary  of  each  a  j 
shown  by  the  contract,  and  to  add  to  the  list  any  teachers 
subsequently  employed ; 

(n)  To  keep  in  his  office  and  carefully  preserve  the 
public  school  record  provided ;  to  enter  therein  the  proceed- 
ings of  the  county  school  board,  the  decisions  of  appeal 
cases,  and  other  official  acts ;  a  list  of  the  teachers  examin- 
ed, licensed,  and  employed ;  and,  within  ten  da^s  after  they 
are  rendered,  to  record  the  data  required  from  'the  monthly 
and  term  reports  of  teachers,  and  the  annual  reports  of 
county  and  separate  school  district  treasurers;  and  from 
the  summaries  of  records  thus  kept,  to  render,  on  or  before 
the  twentieth  of  October,  an  annual  report  to  the  state  su- 
perintendent in  the  form  and  containing  the  particulars  re- 
quired ; 

(o)  To  observe  such  instruction  and  regulations  as 
the  board  of  education  may  from  time  to  time  prescribe,  and 
make  special  reports  to  those  officials  whenever  required; 
and 

(p)     To  perform  such  other  duties  as  may  be  required 


COUNTY  SUPERINTENDENT  123 

of  him  by  law  or  the  rules  and  regulations  of  the  board  of 
education ;  and  in  no  case  shall  he  receipt  for  a  teacher's 
warrant  or  collect  the  money  on  the  same. 

Code  1906. 

A  false  report  of  a  public  school,  purporting  to  be  signed  by  one 
who  had  neither  been  elected  by  the  trustees  nor  appointed  nor  cono- 
tracted  with  by  the  superintendent  as  a  teacher  of  the  school,  did  not 
authorize  the  superintendent  to  issue  a  pay  warrant  thereon,  and 
hence,  though  false  in  fact,  and  though  the  superintendent  issued  a 
certificate  for  the  payment  of  salary  thereon,  could  not  be  the  subject 
of  forgery.  Moore  v.  State,  107  Miss.  181,  65  So.  126. 

Since  the  county  superintendent  has  control  of  the  educational 
system  of  the  county  and  is  required  to  employ  teachers  selected  by  the 
local  trustees  and  enter  into  contracts  with  them  and  pay  for  their 
services,  neither  he  nor  his  bondsmen  are  liable  for  errors  of  judg- 
ment and  discretion  in  the  absence  of  fraud,  though  by  reason  of  such 
errors  he  paid  to  the  teachers,  etc.,  a  greater  remuneration  than  they 
were  entitled  to.  State  v.  Green,  111  Miss.  32,  71  So.  171. 
Sec.  7373  Hemingway's  Cede. 

4557.  Monthly  salaries  to    be    proportionate    to    the 
whole  school  fund. — Superintendents  shall  fix  the  salaries 
of  teachers  so  that  the  amount  to  be  paid  in  salaries  for 
maintaining  all  the  schools  one  month  shall  not  exceed  that 
fractional  part  of  the  whole  school  fund  which  one  month 
is  of  the  whole  number  of  months  the  schools    are    to    be 
taught. 

CHAPTER  247. 
LAWS  1912. 

Sec.  7374  Hemingway's  Code. 

4558.  When    assistants      allowed. — Superintendents 
shall  have  power  to  allow  one  teacher  to  every  fifty  educable 
children  in  a  school  district.      When  a  school  is  in  opera- 
tion, and  has  more  than  thirty-five  children  in  actual  attend- 
ance, in  as  many  as  five  different  grades,    none    of    which 
shall  contain  less  than  three  pupils,  upon  application  of  the 
trustees  of  the  district  for  an  assistant  the  superintendent 
shall  visit  the  school  and,  after  conferring  with  the  trustees 
and  examination  of  the  daily  register,  he  may  grant  one  as- 
sistant if,  in  his  judgment,  such  is  needed.       In  the  same 


124  COUNTY  SUPERINTENDENT 

manner  he  may  grant  the  second  assistant,  where  there  is 
in  actual  attendance  as  many  as  seventy  pupils  in  as  many 
as  eight  different  grades.  But  in  schools  of  over  one  hun- 
dred in  actual  attendance  only  one  teacher  shall  be  allowed 
for  every  thirty  pupils.  In  all  cases  those  pupils  who  are 
entitled  to  attend  the  public  schools  in  the  district  shall  be 
counted  in  making  up  the  actual  attendance. 

Code  1892. 

An  indictment  against  a  teacher  for  making  a  false  report  to  the 
county  superintendent  for  the  second  month,  upon  which  he  was  al- 
lowed a  second  assistant  teacher  for  the  third  month,  and  charging 
that  with  intent  to  defraud  he  obtained  a  teacher's  pay  certificate  for 
such  assistant,  is  demurrable  in  the  absence  of  a  charge  that  the  at- 
tendance on  the  school  for  the  third  month  did  not  entitle  him  to  the 
second  assistant  during  such  month  and  that  the  certificate  was  not 
compensation  for  services  actually  rendered  by  such  assistant  during 
the  third  month.  State  v.  Mortimer,  82  Miss.  443,  34  So.  214. 

CHAPTER  182. 
LAWS  1916. 

Sec.  7575  Hemingway's  Code. 

4498.  County  superintendent — Penalty  for  failure  to 
report. — 1.  If  a  county  superintendent  fails  to  make  his 
annual  report  to  the  state  superintendent  by  the  fifteenth 
day  of  September,  he  forfeits  fifty  dollars  on  his  salary ;  and 
the  board  of  supervisors,  upon  receiving  from  the  state  su- 
perintendent of  public  education  notice  of  such  failure,  must 
deduct  the  amount  forfeited  from  his  salary. 

CHAPTER  191. 
HOUSE  BILL  No.  183. 

AN  ACT  to  require  the  county  superintendent  of  education  of  each 
county  in  the  state  of  Mississippi  to  compile  and  report  the  exact 
amount  of  money  spent  in  his  county  for  educational  purposes 
and  to  return  the  same  to  the  auditor  of  the  state  of  Mississippi. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  each  county  superintendent  of 
education  shall  at  the  end  of  each  scholastic  year  make  a 
report  to  the  department  of  education  of  all  monies  spent 


COUNTY  SUPERINTENDENT  125 

in  his  county,  both  separate  school  districts,  and  municipal- 
ities, for  educational  purposes. 

Sec.  2.  That  the  purpose  of  this  bill  is  to  ascertain 
the  amount  spent  on  each  school  child  in  the  state  of  Mis- 
sissippi. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  April  8,  1922. 

CODE  1906. 

Sec.  7576  Hemingway's  Code. 

4499.  County     superintendent — Office       days. — The 
county  superintendent  shall  be  at  the  county  seat  on  Satur- 
days of  each  scholastic  month  of  the  term  to  receive  month- 
ly reports,  issue  pay  certificates,  and  attend  to  other  official 
duties.      If  absent,  without  leave  previously  granted  by  the 
board  of  supervisors,  the  board  shall  deduct  from  his  salary 
ten  dollars  for  each  day's  absence  unless  prevented  by  illness 
or  other  unavoidable  cause.      And  when  there  are  two  ju- 
dicial districts  in  his  county,  the  superintendent  shall  alter- 
nate, going  to  the  courthouse  of  the  districts  alternately. 

Officers,  see  §§  2820,  7570. 

Sec.  7577  Hemingway's  Code. 

4500.  County  superintendent — Reports. — The  county 
superintendent  shall  make  to  the  board  of  supervisors    and 
mayor  and  board  of  aldermen  of  a  municipality  constituting 
a  separate  school  district,  reports  for  each  scholastic  month, 
which  shall  show  the  amount  of  pay  certificates  issued  for 
that  month,  together  with  a  statement  showing  the  schools 
visited,  the  date  of  visitation,  and  the  time  he  spent  in  each 
school  during  his  visit ;  and  it  shall  be  unlawful  to  allow  the 
salary  of  the  superintendent  until  said  report  be  on  file. 

CHAPTER  163. 
HOUSE  BILL  No.  226 

AN  ACT  to  fix  the  salaries  of  the  county  superintendent  of  educa- 
tion, county  treasurer  and  boards  of  supervisors  of  the  various 
counties  of  the  state. 

Section  1.     Be  it  enacted  by  the  Legislature     of    the 


126  COUNTY  SUPERINTENDENT 

State  of  Mississippi,  That  the  superintendent  of  education, 
county  treasurers  and  boards  of  supervisors  shall  receive 
such  compensation  as  is  fixed  by  succeeding  sections  of  this 
act. 

Sec.  3.  The  salary  of  the  superintendent  of  education 
is  hereby  fixed  as  full  compensation  for  his  services  to  be 
paid  out  of  the  common  school  funds  as  follows : 

Classes   1 $3,600.00  per  annum 

Classes  2 . $3,600.00  per  annum 

Classes  3 $3,000.00  per  annum 

Classes  4 .$2,750.00  per  annum 

Classes  5 $2,500.00  per  annum 

Classes  6 $2,250.00  per  annum  . 

Classes  7 $2,100.00  per  annum 

Classes  8 , $2,000.00  per  annum 

The  superintendents  of  education  shall  give  their  entire 
time  to  their  offices  and  the  office  shall  be  kept  open  during 
business  hours,  except  when  inspecting  schools  or  away  on 
official  school  business. 

In  counties  of  the  first  class  the  superintendent  of  edu- 
cation shall  be  allowed  an  office  assistant  and  the  salary  of 
said  assistant  shall  be  not  more  than  $1,200.00  per  year, 
payable  monthly  out  of  the  common  public  school  funds,  on 
order  of  the  board  of  supervisors. 

Other  sections  omitted. 

Sec.  7579  Hemingway's  Code. 

4502.  County  superintendent — Visiting  schools. — The 
county  superintendent  shall  visit  all  the  schools  in  his  coun- 
ty at  least  once  during  the  term.  On  the  first  visit  he  shall 
remain  at  least  two  hours,  and  shall,  in  county  schools,  cor- 
rect any  deficiency  which  may  exist  in  the  classification  of 
pupils  or  the  government  of  the  school ;  and  in  separate 
school  districts  he  shall  call  the  attention  of  the  trustees  to 
such  deficiences  for  correction  by  them.  He  shall  note 
down  the  condition  and  value  of  the  building  and  lot,  and  of 
the  furniture,  the  methods  of  .  instruction,  the  branches 
taught,  and  his  estimate  of  the  ability  of  the  teacher  to  con- 
duct a  school.  He  shall  give  such  directions  and  make  such 
recommendations  as  he  deems  expedient  and  needful  to  se- 


COUNTY  SUPERINTENDENT  127 

cure  the  best  results  in  the  instruction  of  the  pupils,  and 
shall  examine  the  classes  to  see  that  thorough  work  is  done. 
He  shall  urge  patrons  to  provide  their  children  with  com- 
fortable and  well-furnished  schoolhouses.  For  every  school 
not  so  visited,  the  board  of  supervisors  must,  on  proof  there- 
of, deduct  ten  dollars  from  his  salary. 

Sec.  7580  Hemingway's  Code. 

4503.  County  superintendent — To   settle   disputes  in 
schools. — In  all  controversies  arising  under  the  school  law, 
the  opinion  and  advice  of  the  county  superintendent  shall 
first  be  sought,  from  whose  decision  an  appeal  may  be  taken 
to  the  state  board  of  education  upon  a  written  statement  of 
the  facts,  certified  by  the  county  superintendent  or  by    the 
secretary  of  the  trustees. 

Code  1906. 

Code  1906,  §§  4487,  4503,  do  not  exempt  the  school  authorities,  act- 
ing- beyond  the  scope  of  their  powers  and  in  violation  of  law,  from  in- 
terference by  the  courts,  and  equity  has  jurisdiction  to  enjoin  the 
trustees  and  the  teacher  of  a  school  district  from  enforcing  an  invalid 
rule.  Hobbs  v.  Germany,  94  Miss.  469,  49  So.  515. 

Sec.  7581  Hemingway's  Code. 

4504.  County  superintendent — May  suspend    or    re- 
move a  teacher  or    trustee — Fill    vacancies. — For    incom- 
petency,  neglect  of  duty,  immoral  conduct,  or  other  disquali- 
fication, the  county  superintendent  may  suspend  or  remove 
any  teacher  or  trustee  from  office,  except  in  separate  school 
districts.      And  for  the  purpose  of  conducting  inquiries  and 
trials,  the  superintendent  has  the  same  power  as  a  justice  of 
the  peace  to  issue  subpoenas  for  witnesses,  and  to  compel 
their  attendance  and  the  giving  of  evidence  by  them.  When 
from  such  cause,  or  from  death,  resignation,  or  other  cause, 
a  vacancy  in  either  of  the  above-named  offices  occurs,  it  shall 
be  the  duty  of  the  county  superintendent,  within  ten  days 
after  the  vacancy  occurs,  or  as  soon  thereafter  as  practic- 
able, to  supply  the  same  by  appointment. 

Code  1892. 

A  public  school  teacher,  under  the  school  laws,  has  a  valid  right, 
for  the  protection  of  which  he  is  entitled  to  a  mandamus.  Section 
2533  does  not  deny  such  remedy.  Brown  v.  Owen,  75  Miss.  319,  23 
So.  35. 


128  COUNTY  SUPERINTENDENT 

Though  the  county  superintendent,  under  this  section,  may  in  prop- 
er cases  suspend  or  remove  a  teacher,  yet  he  can  do  so  only  for  the 
causes  and  in  the  mode  herein  prescribed.  Brown  v.  Owen,  75  Miss. 
319,  23'  So.  35. 

In  a  proceeding  to  suspend  or  remove  a  teacher  by  the  county  su- 
perintendent, the  proceeding  must  be  upon  specific  written  charges, 
after  due  notice.  Brown  v.  Owen,  75  Miss.  319,  23  So.  35. 

Sec.  7582  Hemingway's  Code. 

4505.  County  superintendent — May  revoke   teachers' 
license. — For  intemperance,  immoral  conduct,  brutal  treat- 
ment of  a  pupil,  or  other  good  cause,  the  county  superin- 
tendent may  revoke  the  license  of  a  teacher ;  but  the  teacher 
shall  be  allowed  an  appeal  to  the  state  board  of  education,  to 
whom  statements,  under  oath,  of  the  facts  may  be  made  by 
the  superintendent  and  other  interested  parties.  The  teach- 
er must  be  notified  of  the  charges  ten  days  before  the  trial, 
by  the  county  superintendent. 

Sec.  7583  Hemingway's  Code. 

4506.  County   superintendent — Duty   to   successor. — 
The  county  superintendent,  when  he  resigns,  vacates,  is  re- 
moved, or  goes  out  of  office,  shall,  within  ten  days  there- 
after, deliver  to  his  successor,  or  to  the  clerk  of  the  chancery 
court  for  him,  all  money,  property,  books,  effects  or  papers 
remaining  in  his  hands. 

Sec.  7584  Hemingway's  Code. 

4507.  County  superintendent — Record  of    names    of 
trustees — Official     notices. — The     county     superintendent 
shall  attend  at  his  office  on  the  fourth  Saturday  in  Septem- 
ber of  every  year  to  receive  the  certificates  of  election    of 
trustees.      He  shall  make  a  record  of  the  names  of  trustees, 
showing  the  districts  in  which  they  were  elected,  and    the 
post  office  of  each.      He  shall  at  that  time  deliver  to    the 
trustees  of  each  district  such  blanks  as  they  will  need  for 
the  coming  year,  and  give  them  such  information  with  re- 
gard to  their  duties  as  may  be  required.      He  shall  address 
all  official  correspondence  to  the  trustees ;    and    notice    to 
them  shall  be  regarded  as  notice  to  the  people  of  the  district, 
and  it  shall  be  the  duty  of  the  trustees  to  notify  the  people. 

Sec.  7585  Hemingway's  Code. 

4508.  County  superintendents — Not   to   speculate   in 
teachers'  warrants. — Any  county  superintendent,  or  other 


COUNTY  SUPERINTENDENT  129 

county  officer,  his  agent  or  deputy,  who  shall  purchase  any 
teacher's  warrant  or  pay  certificate  at  less  than  the  amount 
for  which  the  same  shall  be  drawn,  or  at  a  discount,  or  shall 
cause  another  person  so  to  purchase  the  same,  or  shall  in  any 
way,  directly  or  indirectly,  realize  a  profit  from  any  trans- 
action in  teachers'  warrants  or  pay  certificates,  or  any  trade 
or  speculation  therein,  or  loan  or  advance  thereon,  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined 
not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars,  to  be  deducted  from  any  money  due  him  as  sal- 
ary, or  recoverable  on  his  bond;  and  one-half  of  said  fine 
Shall  be  paid  to  the  person- giving  information  of  the  mis- 
demeanor, and  the  guilty  superintendent  shall  be  removed 
from  office. 

Crimes  and  Misdemeanors,  see  §  1048. 
County  Treasurers,  see  §  4160. 

Sec.  7328  Hemingway's  Code. 

County  superintendent  to  secure  placards. — 2.  It  shall 
be  the  duty  of  the  county  superintendent  of  education  in 
each  county  to  secure  from  the  state  board  of  education  such 
placards  and  have  them  placed  on  the  walls  of  the  public 
school-rooms  in  the  various  counties.  (See  Chap.  123,  Laws 
1910,  Sec.  2.) 

Sec.  7586  Hemingway's  Code. 

4509.  Deputies — When  appointed — Compensation. — 
The  county  superintendent  of  education  may,  when  prevent- 
ed by  sickness  from  attending  to  the  duties  of  the  office,  ap- 
point a  deputy  who  shall  be  authorized  to  discharge  all  du- 
ties pertaining  thereto.  The  qualifications  of  the  deputy 
shall  be  the  same  as  the  qualifications  of  a  first  grade 
teacher.  The  deputy  superintendent  shall  be  paid  not  less 
than  seventy-five  per  centum  of  the  salary  the  county  su- 
perintendent shall  receive  for  an  equal  period  of  time  and 
shall  be  paid  out  of  the  salary  of  the  superintendent  of  edu- 
cation. 


130  COUNTY  SUPERINTENDENT 

CHAPTER  171. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  chapter  188,  of  the  acts  of  1914 
be  amended  so  as  to  read  as  follows : 

Boards  of  supervisors  of  this  state  may  offer  as  prizes 
to  corn  clubs  of  the  public  schools,  of  the  county  an  amount 
of  money  not  exceeding  fifty  dollars,  ($50.00)  in  any  one 
year  in  any  county.  The  sum  may  be  divided  into  three 
prizes  of  twenty  five  dollars  for  the  first  prize,  fifteen  dol- 
lars for  the  second  prize,  and  ten  dollars  for  the  third  prize, 
or  in  that  porportion. 

Sec.  2.  That  county  superintendents  of  education,  with 
the  approval  of  the  county  boards  of  examiners,  may  appro- 
priate an  amount  of  money  not  exceeding  seventy  five 
($75.00)  dollars,  in  any  one  year,  in  any  county  from  the 
county  school  fund,  in  addition  to  that  provided  under  sec- 
tion 1  of  this  act,  to  be  offered  as  prizes  to  the  corn  clubs, 
pig  clubs,  baby  beef  clubs  or  other  agricultural  clubs  that 
may  hereafter  be  organized  to  the  public  schools  of  the 
county. 

That  said  sum  to  be  divided  into  prizes  in  such  propor- 
tion for  the  corn  clubs,  pig  clubs,  baby  beef  clubs  or  other 
agricultural  clubs  that  may  hereafter  be  organized,  as  the 
county  superintendent,  with  the  approval  of  the  county 
board  of  examiners,  may  see  fit. 

(Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Chap.  184,  Laws  1916.  Sec.  7337  Hemingway's  Code. 

4517.  Teachers'  register  and  outline  map. — It  shall  be 
the  duty  of  the  county  superintendent  to  prepare,  on  town- 
ship blanks,  an  outline  map,  showing  the  numbers  of  the 
sections  and  parts  of  sections  embraced  in  each  school 
district  outside  of  the  separte  school  district,  and  to  paste 
the  same  in  the  school  register  for  the  district  before  deliv- 
ering it  to  the  teacher  thereof.  It  shall  be  unlawful  to  is- 
sue a  pay-certificate  to  the  teacher  of  any  district  not  es- 
tablished and  recorded  in  accordance  with  the  provisions  of 
the  law. 


COUNTY   SUPERINTENDENT  131 

STATE  SUPERINTENDENT. 

CODE  1906. 

Sec.  7593  Hemingway's  Code. 

4817.  Official  bond. — The   superintendent    of    public 
education  shall  keep  his  office  in  the  capitol,  and  shall  give 
bond  in  the  penalty  of  five  thousand  dollars,  with  two  or 
more  sufficient  sureties,  to  be  approved  by  the  governor, 
conditioned  according  to  law ;  and  said  bond,  when  approv- 
ed, shall  be  filed  and  recorded  in  the  office  of  the  secretary 
of  state. 

Sec.  7594  Hemingway's  Code. 

4818.  Official  bond — Seal  of  office. — He  shall  provide 
arid  keep  a  seal  having  around  the  margin  the  words,  "State 
Superintendent  of  Public  Education  of  Mississippi,"  with 
such  device  in  the  center  as  he  may  select;  and  all  of  his 
official  acts  shall  be  authenticated  thereby. 

Sec.  7595  Hemingway's  Code. 

4819.  General  supervision  of   schools — To   preside — 
To  visit  schools. — The  superintendent  of  public  education 
shall  have  general  supervision  of  the  public  free  schools,  and 
may  prescribe  such  rules  and  regulations  for  the  efficient 
organization  and  conducting  of  the  same  as  he  may  deem 
necessary.      He  shall  preside  over  all  meetings  of  the  board 
of  education,  and  shall  solicit  reports  from  all  the  public  and 
private  educational  institutions  of  the  state. 

Sec,  7596  Hemingway's  Code. 

4820.  To  preserve  books. — He  shall  have  bound  and 
preserve  in  his  office,  as  the  property  of  the  state,  all  such 
school  documents  from  other  states  and  governments,  books 
or  pamphlets  on  educational  subjects,  school-books,  appa- 
ratus, maps,  charts,  and  the  like  as  shall  be  or  have  been 
purchased  or  donated  for  the  use  of  his  office. 

Sec.  7597  Hemingway's  Code. 

4821.  To  apportion  the  state  school  fund. — The  super- 
intendent of  public  education  shall  apportion  the  state  com- 
mon-school fund  to  the  several  counties  and  separate  school 
districts.      The  apportionment  shall  be  made  semiannually 
and  shall  be  based  upon  the  number  of  educable  children 
enumerated,  as  provided  by  law,  in  the  counties  and  sepa- 
rate school  districts  respectively.       He  shall  furnish    the 


132  COUNTY  SUPERINTENDENT 

auditor  with  a  certified  copy  of  the  apportionment,  and  he 
shall  also  give  .a  copy  thereof  to  the  state  treasurer,  the  su- 
perintendent of  public  education  of  each  county,  each  coun- 
ty treasurer,  and  treasurer  of  each  separate  school  district. 

Sec.  7598  Hemingway's  Code. 

4822.  Not  to  be  interested  in  school  books. — The  su- 
perintendent of  public  education  shall  not  act  as  agent  for 
any  author,  publisher,  or  bookseller,  nor  directly  or  indirect- 
ly receive  any  gift,  emolument,  or  reward  for  his  influence 
in  recommending  or  procuring  the  use  of  any  books,  school 
apparatus,  or  furniture,  of  any  kind  whatever  in  any  of  the 
public  schools  of  the  state ;  and  should  the  superintendent  of 
public  education  violate  this  section,  he  shall  be  removed 
from  office,  and  forfeit  all  moneys  due  him  from  the  state. 

Sec.  7599  Hemingway's  Code. 

4823.  Reports  to  be  made  to  the  legislature. — On    or 
before  the  tenth  day  of  January  in  each  year  in  which/  the 
legislature  meets  in  regular  or  special,  not  extraordinary, 
session,  the  superintendent  of  public  education  shall  prepare 
and  have  printed  a  biennial  report,  showing— 

(a)  The  receipts  and  disbursements  of  the  common- 
school  fund ; 

(b)  The  number  of  school  districts,  schools,  teachers 
employed,  and  pupils  taught  therein,  and  the  attendance  of 
pupils,  and  studies  pursued  by  them ; 

(c)  The  financial  condition  of  the  schools,  their  re- 
ceipts and  expenditures,  value  of  schoolhouses  and  property, 
cost  of  tuition,  and  salaries  of  teachers ; 

(d)  The  condition,  educational  and  financial,  of  the 
normal  :and  higher  institutions  connected  with  the  school 
system  of  the  state,  and,  as  far  as  it  can  be  ascertained,  of 
the  private  schools,  academies,  and  colleges ;  and 

(e)  Such  general  matters,  information,  and  recom- 
mendations relating  to  the  educational  interests  as  he  may 
deem  important. 

CODE  1906. 

Sec.  7601  Hemingway's  Code. 

4825.     A  trustee  of  university  and  colleges. — The  state 
superintendent  of  education  shall  be  and  is  hereby  made  a 


COUNTY   SUPERINTENDENT  133 

trustee,  ex  officio,  of  the  state  university,  the  agricultural 
and  mechanical  college,  the  industrial  institute  and  college, 
and  Alcorn  A.  and  M.  college.  And  he  shall  have  the  same 
powers  and  perform  the  same  duties  as  other  trustees  of 
said  institutions  of  learning. 

Sec.  7602  Hemingway's  Code. 

4492.  State  superintendent — To  require  reports  from 
county  superintendents. — The  superintendent  of  public  edu- 
cation shall  require  annually,  and  as  often  besides  as  he  may 
deem  proper,  of  the  county  superintendents  detailed  reports 
of  the  educational  business  of  his  county,  and  shall  give  him 
all  necessary  instructions. 

Sec.  7603  Hemingway's  Cede. 

4493.  State  superintendent — To  prepare,  have  print- 
ed and  furnish  the  laws,  blanks  and  books  to  school  officers. 

-The  superintendent  of  public  education  shall  prepare, 
have  printed,  and  furnish  all  officers  charged  with  the  ad- 
ministration of  the  laws  pertaining  to  the  public  schools, 
such  blank  forms  and  books  as  may  be  necessary  to  the 
proper  discharge  of  their  duties,  and  the  questions  for  the 
examination  of  teachers.  He  shall  have  the  laws  pertain- 
ing to  the  public  schools  printed  in  pamphlet  form,  and  pub- 
lish therein  forms  for  conducting  school  business,  the  rules 
and  regulations  for  the  government  of  schools  that  he  or  the 
board  of  education  may  recommend  and  such  other  matters 
as  may  be  deemed  worthy  and  of  public  interest  pertaining 
to  the  subject. 

Sec.  7604  Hemingway's  Code. 

4494.  State  superintendent — -Conference  with  county 
superintendents. — The  state  superintendent  may  meet  the 
county  superintendents  of  each  judicial  district  or  of  two  or 
more  districts  combined,  at  such  time  and  place  as  he  shall 
appoint,  giving  them  due  notice  of  such  meeting.      The  ob- 
jects of  such  meetings  shall  be  to  accumulate  facts  relative 
to  schools,  to  compare  views,  to  discuss  principles,  to  hear 
discussions  and  suggestions  relative  to    the    examinations 
and  qualifications  of  teachers,  methods  of  instruction,  text- 
books, institutes,  visitation  of  schools,    and    other    matters 
embraced  in  the  public  school  system. 

Sec.  7329  Hemingway's  Code. 

4495.  State  superintendent — Official   opinions. — The 
state  superintendent  shall,  at  the  request  of  any  county  su- 


134  COUNTY  SUPERINTENDENT 

peri nten dent,  give  his  opinion,  upon  a  written  statement  of 
the  facts,  on  all  questions  and  controversies  arising  out  of 
the  interpretation  and  construction  of  the  school  laws  in 
regard  to  the  rights,  powers  and  duties  of  school  officers  and 
county  superintendents,  and  shall  keep  a  record  of  all  such 
decisions.  Before  giving  any  opinion,  the  superintendent 
may  submit  the  statement  of  facts  to  the  attorney  general 
for  his  advice  thereon,  and  it  shall  be  the  duty  of  the  at- 
torney general  forthwith  to  examine  such  statement,  and 
suggest  the  proper  decision  to  be  made  upon  such  facts. 

Sec.  7605  Hemingway's  Code. 

4496.  State  superintendent — To  advise  county  super- 
intendents.— The  state  superintendent  shall  advise  county 
superintendents  upon  all  matters  involving  the  welfare  of 
the  schools. 

Superintendent  of  Education  (County),  see  §§  7566-7573. 


TEACHERS'  INSTITUTE  135 

TEACHERS'  INSTITUTE. 

CHAPTER  190. 
LAWS  1916. 

Sec.  7775  Hemingway's  Code. 

4587.  Teachers'  institutes. — A  teachers'  institute  for 
each  race,  separate,  shall  be  held  each  year  in  the  several 
counties  of  the  state,  or  in  such  groups  of  counties  as    the 
state  board  of  education,  with  the  consent  of  the  county 
superintendents,  may  designate;  said  institutes  shall  con- 
tinue in  session  not  less  than  five  days. 

Chap.  190,  Laws  1916.  Sec.  7776  Hemingway's  Code. 

4588.  Institute   conductors. — All  teachers'   institutes 
shall  be  under  the  direction  of  the  state  board  of  education, 
which  is  hereby  authorized,  with  the  approval  of  the  coun- 
ty superintendent,  to  appoint  persons  of  recognized  ability 
to  conduct  and  teach  said  institutes. 

Chap.  190,  Laws  1916.  Sec.  7777  Hemingway's  Code. 

4589.  Board  of  education  to  prescribe — Payment  of 
expenses — Reports  of. — The  state  board  of  education  shall 
prepare  outlines  for  the  work  and  shall  prescribe  regula- 
tions for  the  management  of  the  institutes;  shall  fix  the 
amount  to  be  paid  the  conductors  and  instructors  and  the 
incidental  expenses  thereof,  and  shall  require  such  reports 
of  the  conductors  as  may  be  deemed  necessary. 

Chap.  190,  Laws  1916.  Sec.  7778  Hemingway's  Code. 

4590.  How  expenses  paid. — To  defray  the  cost  of  in- 
stitutes, the  county  superintendent  shall,  before  examining 
applicants  to  teach,  collect  a  fee  of  fifty  (50)  cents  for  each 
and  fifty  (50)  cents  additional  for  each  additional  year  of 
which  license  may  be  issued  and  fifty  (50)  cents  a  year  from 
each  exempt  teacher  teaching  in  the  county. 

Code  1906. 

The  institute  fee  of  fifty  cents  should  not  be  collected  by  the  su- 
perintendent on  special  examinations  where  he  received  the  fee  of 
$2.50,  for  such  special  examinations  are  authorized  only  in  emergency 
cases,  and  the  certificate  is  good  only  until  the  next  regular  examina- 
tion. State  v.  Green,  111  Miss.  32,  71  So.  171. 


136  TEACHERS'  INSTITUTE 

Chap.  190,  Laws  1916.  Sec.  7779  Hemingway's  Code. 

4591.  How  expenses  paid — Where  deposited  and  hmu 
paid  out. — The  institute  fund  shall  be  deposited  as  collected, 
with  the  country  treasurer  on  receipt  warrant  of  the  clerk 
of  the  board  of  supervisors,  and  a  separate  account  thereof 
shall  be  kept ;  and  it  shall  be  paid  only  for  the  purpose  men- 
tioned in  this  act,  upon  the  requisition  of  the  county  superin- 
tendent, on  warrants  issued  by  the  clerk  of    the    board   of 
supervisors. 

Chap.  190,  Laws  1916.  Sec.  7780  Hemingway's  Code. 

4592.  When  fund  insufficient. — If  the  amount  of    the 
institute  fund  be  insufficient  to  defray  the  cost  of  holding 
institutes,  the  state  superintendent  of  education  may  au- 
thorize the  county  superintendent  to  issue  a  pay  certificate 
on  the  common-school  fund  of  the  county  to  make  up  the 
deficit  not  to  exceed  fifty-five  dollars    for    one    scholastic 
year. 

Sec.  7781  Hemingway's  Code. 

4593.  Surplus  funds — How  used. — In  counties  having 
a  surplus  of  institute  fund,  the  county  superintendent    and 
examiners  may  expend  annually  twenty  per  centum  of  such 
fund  in  the  purchase  of  works  on  teaching,  which  the  super- 
intendent shall  keep  in  his  charge  for  the  use  of  teachers. 


TEACHERS'  LICENSE  137 

TEACHERS'  LICENSE. 

CHAPTER  133. 
LAWS  1908. 

Sec.  7787  Hemingway's  Code. 

How  teacher  in  one  county  may  transfer  license  to  an- 
other.— 1.  Any  teacher  in  any  county  holding  a  license,  wish- 
ing to  transfer  to  another  county,  may  direct  the  superin- 
tendent of  his  county  to  forward  such  license,  and  such  oth- 
er proof  of  his  qualifications,  and  of  the  burning  of  his  ex- 
amination papers,  as  the  state  board  of  examiners  may  re- 
quire, and  as  may  be  reasonable;  and  if,  on  such  proof ,  the 
state  board  should  be  of  opinion  that  such  teacher  was  prop- 
erly graded  by  the  county  board,  the  license  may  be  trans- 
ferred to  any  county  the  appointee  may  designate. 

CHAPTER  252.      - 
LAWS  1912. 

Sec.  7788  Hemingway's  Code. 

State  teacher's  license  to  be  issued,  in  certain  cases 
where  examination  papers  lost  or  destroyed. — 2.  Any  teach- 
er of  this  state  heretofore  exempt  from  examination  may 
forward  his  license  to  the  state  board  of  examiners,  with 
such  proof  as  said  state  board  may  require,  and  which  is 
reasonable,  that  his  examination  papers  were  destroyed  in 
the  burning  of  the  courthouse  of  his  county,  or  otherwise 
destroyed,  and  that  such  teacher  is  entitled  to  a  state  license, 
and  upon  payment  of  one  dollar  and  fifty  cents  ($1.50)  to 
said  board  of  examiners,  such  board  may  issue  to  such  teach- 
er a  state  license  in  lieu  of  the  license  granted  by  such  coun- 
ty. 

CHAPTER  163. 
LAWS  1912. 

Sec.  7789  Hemingway's  Code. 

Graduates  of  Industrial  Institute  and  College  entitled 
to  professional  teacher's  license. — 1.  A  diploma  held  by  eith- 
er a  collegiate  or  a  normal  graduate  of  the  Mississippi  In- 
dustrial Institute  and  College  shall  be  so  recognized  as  to 
warrant  the  granting  of  a  teacher's  professional  license  to 
said  graduate  by  the  state  board  of  examiners.  Provided, 


138  TEACHERS'  LICENSE 

that  this  act  applies  only  to  those  graduates  of  the  college 
department  who  have  taken  not  less  than  nine  hours  of 
college  work  in  teachers'  professional  courses,  and  who  ob- 
ligate themselves  to  teach  three  years  in  the  public  schools 
of  the  state.  The  provisions  for  nine  hours  professional 
work  shall  not  be  enforced  until  after  the  session  of  1911 
and  1912.  Provided,  further  that  the  graduates  of  the  nor- 
mal department  shall  not  have  the  benefits  of  this  act  unless 
they  obligate  themselves  to  teach  three  years  in  the  public 
schools  of  the  state,  two  years  of  which  shall  be  in  the  rural 
schools.  And,  after  the  sessions  of  1911  and  1912,  those 
who  enter  the  normal  department  of  said  college  shall  give, 
upon  entrance  into  said  department,  a  written  pledge  to 
teach  three  years  in  the  public  schools  of  the  state,  two  of 
which  shall  be  in  the  rural  schools  of  the  state. 

CHAPTER  181. 
LAWS  1916. 

Sec.  7790  Hemingway's  Code. 

Professional  teacher's  license  granted  to  graduates  of 
university  and  colleges. — 1.  That  the  state  board  of  exam- 
iners is  hereby  authorized  to  grant  teachers'  professional 
licenses  without  further  examination  to  graduates  of  the 
University  of  Mississippi,  the  agricultural  and  mechanical 
college,  the  collegiate  and  normal  departments  of  the  in- 
dustrial institute  and  college,  and  of  such  other  institutions 
of  higher  learning  in  this  state  as  may  maintain  a  standard 
four-year  college  course,  approved  by  the  state  board  of 
examiners;  provided,  that  licenses  shall  be  issued  only  to 
such  graduates  of  the  different  institutions  as  have  success- 
fully passed  nine  hours  of  college  work  in  education  desig- 
nated and  approved  by  the  state  board  of  examiners. 

Chap.  181,  Laws  1916.  Sec.  7791  Hemingway's  Code. 

License  and  diplomas  of  other  states  recognized— 
When. — 2.  That  the  state  boa.rd  of  examiners  is  hereby  au- 
thorized to  grant  first  grade  licenses  to  teach  in  the  public 
schools  of  this  state  to  any  person  holding  a  certificate,  li- 
cense or  diploma,  authorizing  said  person  to  teach  in  the 
public  schools  of  any  other  state ;  provided,  that  the  certifi- 
cate, license  or  diploma  shall  have  been  originally  issued, 
and  in  consideration  of  qualifications  at  least  equal  to  those 
required  for  a  certificate  of  the  same  grade  in  this  state; 


TEACHERS'  LICENSE  139 

provided,  further,  that  the  certificate,  license,  or  diploma 
shall  be  valid  in  this  state  for  the  period  for  which  it  shall 
have  been  issued  in  the  state  where  it  was  originally  grant- 
ed, unless  in  the  discretion  of  the  state  board  of  examiners 
a  shorter  period  shall  be  specified.  The  state  board  of 
examiners,  on  the  approval  of  the  state  board  of  education, 
shall  make  provisons  and  regulations  for  carrying  out  the 
purpose  of  this  section. 

Chap.  181,  Laws  1916.  Sec.  7792  Hemingway's  Code. 

First  and  second  grade  license  may  be  renewed — Con- 
ditions.— 3.  That  the  state  board  of  examiners  is  hereby  au- 
thorized to  extend  or  renew  consecutively  from  year  to 
year,  for  a  period  of  one  year  at  a  time  and  for  a  total  of 
not  more  than  four  consecutive  years,  any  first  grade  li- 
cense or  any  second  grade  license ;  provided,  that  the  holder 
of  any  such  certificate  shall  have  attended  some  institution 
of  higher  learning  or  summer  school  for  at  least  six  weeks, 
and  shall  have  pursued  a  course  of  professional  study  de- 
signed and  approved  by  the  state  board  of  examiners  during 
the  year  next  preceding  the  one  for  which  extension  of  li- 
cense for  one  year  is  sought  to  be  granted. 

Chap.  181,  Laws  1916.  Sec.  7793  Hemingway's  Code. 

Fee  to  be  paid  by  applicants. — 4.  An  applicant  for  a  li- 
cense or  for  the  extension  of  any  license  under  the  provi- 
sions of  this  act  shall  pay  the  same  fee  as  is  now  required  for 
the  transfer  of  licenses  from  one  county  to  another  through 
the  state  board  of  examiners;  provided,  that  the  fees  for 
professional  licenses  and  those  based  on  licenses  or  diplomas 
from  other  states  shall  be  the  same  as  are  provided  in  sec- 
tion 4554  of  the  Code  of  1906  for  such  licenses. 

CODE  1906. 

Sec.  7795  Hemingway's  Code. 

4537.  Examinations  of  teachers — Vacancies  in  board 
—How  filled. — Should  a  vacancy  occur  in  the  office  of  ex- 
aminer, the  same  shall  be  filled  by  appointment  by  the  coun- 
ty superintendent  of  education. 

Sec.  7796  Hemingway's  Code. 

4538.  Examination  of  teachers — When  examinations 
held. — On  Friday  and  Saturday  of  the  first  four  weeks  of 
September,  and  of  the  first  four  weeks  of  April,  the  exam- 


140  TEACHERS'  LICENSE 

ing  board  shall  hold,  under  regulations  prescribed  by  the 
board  of  education,  a  written  examination  of  applicants  to 
teach.  The  examinations  shall  be  held  at  the  county  site, 
and  in  the  public-school  building  or  in  the  courtroom  when- 
ever practicable.  In  counties  having  two  court  districts 
the  examination  shall  be  held  alternately  at  the  places  of 
holding  count,  if  the  convenience  of  the  teachers  requires  it. 
The  superintendent  shall  exclude  from  the  rooms  all  per- 
sons who  are  not  examiners  or  applicants  for  license.  There 
shall  be  separate  examinations  for  the  two  races. 

CHAPTER  187. 
LAWS  1916. 

Sec.  7797  Hemingway's  Code. 

4539.  Examinations  of  teachers — How  conducted. — 
The  examinations  shall  be  held  upon  questions  prepared  by 
the  state  superintendent  of  education  and  sent,  sealed,  to 
the  county  superintendent  to  be  opened  by  him  in  the  pres- 
ence of  the  teachers  after  they  had  assembled  in  the  exam- 
ination room  and  after  the  seals  have  been  inspected  by  the 
examiner.  The  questions  on  one  subject  at  a  time  shall  be 
written  upon  a  blackboard  and  the  answers  thereto  shall  be 
written  in  ink  in  the  presence  of  the  examiners  and  deliver- 
ed to  the  superintendent  before  the  questions  on  the  next 
subject  are  given  out.  Each  applicant  shall  occupy  a  sep- 
arate table  or  desk  which  shall  be  so  arranged  that  the  appli- 
cants can  not  read  each  other's  papers.  It  shall  be  the  duty 
of  the  county  superintendent  to  provide  the  accommoda- 
tions necessary  to  carry  out  these  provisions,  and  he  shall 
not  receive  more  applicants  at  one  time  than  he  can  provide 
accommodations  for. 

No  applicant  shall  stand  the  examination  in  any  coun- 
ty for  the  purpose  of  having  the  license  transferred  to  the 
resident  county  of  the  applicant,  unless  authorized  by  the 
state  board  of  examiners. 

Code  1906. 

Under  Code  1906,  §§  4539,  4546,  a  conviction  for  offering  to  sell 
examination  questions  could  not  be  sustained,  where  the  proof  did 
not  show  that  the  questions  offered  for  sale  were  prepared  by  the 
state  superintendent  of  education  and  sealed  and  sent  to  the  county 


TEACHERS'  LICENSE  141 

suprintendent  of  education  as  provided.       Bryant  v.  State,  92  Miss. 
822,  46  So.  247. 

Chap.  187,  Laws  1916.  Sec.  7798  Hemingway's  Code. 

4540.  Examination  o/  teachers — Curriculum. — The 
curriculum  of  the  free  public  schools  shall  consist  of  spell- 
ing, reading,  arithmetic,  geography,  English  grammar, 
composition,  literature,  U.  S.  history,  history  of  Mississippi, 
elements  of  agriculture,  civil  government  with  special  ref- 
erence to  local  and  state  government,  physiology  and  hy- 
giene, with  special  reference  to  the  effect  of  alcohol  and  nar- 
cotics on  the  human  system  and  home  and  community  sani- 
tation, general  science  and  elementary  algebra. 

Provided,  that  literature,  general  science  and  element- 
ary algebra  shall  only  apply  to  those  schools  that  require 
three  or  more  teachers.  Except  with  the  consent  and  ad- 
vice of  the  county  superintendent  of  education. 


See  §§  7801,  7802. 


CODE  1906. 


Sec.  7799  Hemingway's  Code. 

4541.  Examniations  of  teachers — All    teachers    must 
be  licensed. — It  shall  be  unlawful  for  a  county  superintend- 
ent or  the  trustees  of  a  separate  school  district,  to  contract 
with  a  teacher  who  does  not  hold  a  license    valid    for    the 
scholastic  year  in  which  the  school  is  to  be  taught,  and  of  a 
grade  sufficiently  high  to  meet  the    requirements     of    the 
school. 

Sec.  7800  Hemingway's  Code. 

4542.  Examination   of    teachers — Good    character. — 
Before  a  license  to  teach  shall  be  granted,  the  applicant  must 
furnish  the  superintendent  satisfactory  evidence  of  good 
moral  character,  and  of  ability  to  govern  a  school. 

CHAPTER  188. 
LAWS  1916. 

Sec.  7801  Hemingway's  Code. 

4543.  Examination  of  teachers — What    examined   on 
—First  and  second  grades. — To  obtain  a  first  grade  license, 
the  applicant  must  be  examined  on  spelling,  reading,  prac- 
tical and  mental  arithmetic,  composition,     United     States 


142  TEACHERS'  LICENSE 

history,  history  of  Mississippi,  elements  of  agriculture,  civil 
government,  elements  of  physiology  and  hygiene,  with  spe- 
cial reference  to  the  effects  of  alcohol  and  narcotics  on  the 
human  system,  theory  and  practice  of  teaching,  elementary 
algebra,  advanced  English ;  provided,  that  theory  and  prac- 
tice of  teaching  and  elementary  algebra  be  added  in  Septem- 
ber, 1917,  and  advanced  English,  general  science  and  mod- 
ern history  in  September,  1918,  and  such  other  subjects  as 
the  state  board  of  education  may  prescribe ;  and  to  obtain 
a  second  grade  license  the  applicant  must  be  examined  on 
spelling,  reading,  mental  arithmetic,  practical  arithmetic, 
elementary  geography  and  compositon,  United  States  his- 
tory, physiology,  with  special  reference  to  the  effects  of  al- 
cohol and  narcotics  on  the  human  system,  and  health  and 
sanitation  in  homes  and  communities,  history  of  Mississippi 
and  civil  government,  elementary  agriculture.  The  state 
board  of  examiners,  on  the  approval  of  the  state  superin- 
tendent of  education,  is  hereby  authorized  to  provide  ex- 
aminations and  make  regulations  for  licensing  teachers  of 
music,  manual  training,  domestic  science,  and  of  such  other 
special  subjects  as  may  be  deemed  necessary. 

Provided,  that  the  provisions  of  this  act  shall  not  apply 
in  the  case  of  teachers  who  are  exempt  from  examinations 
under  laws  now  in  force. 

See  §  7798. 

Sec.  7802  Hemingway's  Code. 

4544.  Examination  of  teachers — Third  grade. — To  ob- 
tain a  third-grade  license  the  applicant  must  be  examined 
on  the  subjects  required  for  second  grade,  and  must  make 
thereon  an  average  of  not  less  than  sixty  per  centum,  with 
not  less  than  forty  per  centum  on  any  subject. 

See  §  7798. 

Sec.  7803  Hemingway's  Code. 

4545.  Examination  of  teachers — Grading  and  mark- 
ing papers. — Immediately  after  each  examination  the    ex- 
aminers shall  carefully  grade  the  papers  and  mark  thereon 
their  estimate  of  the  value  of  each  answer ;  and  the  papers 
shall  be  filed  in  the  office  of  the  superintendent,  and  be 
subject  to  the  inspection  of  the  applicant  or  his  authorized 
agent. 


TEACHERS'  LICENSE  143 

Sec.  7804  Hemingway's  Code. 

4546.  Examination  of  teachers — Penalty  for  receiv- 
ing assistance. — If  an  applicant  in  any  way  receives  assist- 
ance, he  shall  be  denied  a  license  and  not  permitted  to  teach 
or  stand  another  examination  in  the  county  for  a  period  of 
two  years.      Any  person  who  sells  or  offers  to  sell,  or  give 
away,  or  offers  to  give  away  the  examination  questions,  or 
answers  to  the  same  prepared  by  the  proper  authorities  for 
the  examination  of  teachers  of  the  public  schools,  before 
the  date  for  the  examination,  at  which  time  such  questions 
are  to  be  used,  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  fined  not  more  than  one  hundred  dol- 
lars nor  less  than  ten  dollars  or  imprisoned  in  the  county 
jail  not  exceeding  sixty  days,  or  both,  at  the  discretion  of 
the  court. 

Sec.  7805  Hemingway's  Code. 

4547.  Examination  of    teachers — How    long   licenses 
good— License  shall  be  granted  to  applicants  who  make  a 
general  average  of  seventy-five  per  centum  with  not  less 
than  fifty  per  centum  on  any  one  subject,  and  shall  not  be 
valid  unless  filled  out  according  to  the  form  prescribed  by 
the  state  superintendent.  Licenses  of  second  and  third  grade 
shall  be  valid  for  one  year.      Licenses  for  the  first  grade, 
with  a  general  average  of  eighty-five  per  centum,  shall  be 
valid  for  two  years ;  and  licenses  for  the  first  grade,  with 
a  general  average  of  ninety  per  centum,  shall  be  valid  for 
three  years ;  and  the  second  three-years  license  obtained  aft- 
er the  expiration  of  the  first  shall  be  renewable  in  the  coun- 
ty where  issued  as  long  as  the  holder  continues  to  teach ;  but 
any  teacher  who  has  taught  under  a  first  grade  license  for 
five  years  consecutively,  shall  be  exempt  from  further  ex- 
amination. 

Code  1892. 

This  section  is  prospective,  and  applies  only  to  persons  teaching 
five  years  under  a  first-grade  license,  issued  after  examination  under 
the  curriculum  prescribed  by  Code  1892.  Doss  v.  Wiley,  72  Miss. 
179,  16  So.  902. 

Sec.  7806  Hemingway's  Code. 

4548.  Examination  of  teachers. — Age  of  teacher. — A 
license  to  teach  shall  not  be  granted  to  an  applicant  under 
seventeen  years  of  age ;  nor  shall  a  license  for  more  than 


144  TEACHERS'  LICENSE 

one  year  be  issued  to  an  applicant  who  has  had  less  than  six 
months'  experience  in  teaching. 

Sec.  7807  Hemingway's  Code. 

4549.  Examination  of     teachers — Special     examina- 
tions.— In  counties  where  the  number  of  licensed  teachers  is 
insufficient  to  supply  the  schools,  the  board  of  education 
may  grant  a  special  examination  but  the  examination  fee  in 
such  cases  shall  be  two  dollars  and  the  licenses  issued  shall 
be  valid  only  until  the  next  regular  examination.      Special 
examinations  shall  be  granted  teachers  who  are  under  con- 
tract to  teach  in  a  public  school  in  the  county,  if  at  the  time 
of  the  general  examination  they  were  unable  to  attend  or 
were  teaching  or  attending  school  more  than    fifty    miles 
away.       The  superintendent  may  require  each  teacher  so 
examined  to  pay  him  a  fee  of  two  dollars  and  fifty  cents. 

Sec.  7808  Hemingway's  Code. 

4550.  Indorsement  of  licenses. — A  teacher  holding    a 
license  in  one  county  and  wishing  a  transfer    to    another 
county  may  direct  the  superintendent  of  education  of  the 
county  where  the  examination  was  held  to  forward  his  pa- 
pers and  license  issued  thereon  to  the  state  board  of  ex- 
aminers, and  if  the  grading  of  the  county  board  is  sustained 
by  the  state  board  of  examiners,  the  license  may  be  trans- 
ferred to  any  county  which  the  applicant    may    designate. 
Applicants  for  transfer  license  shall  pay  a  fee  of  one  dollar 
and  fifty  cents  to  the  state  board  of  examiners  for  grading 
their  papers. 

CHAPTER  185. 
LAWS  1914. 

Sec.  7809  Hemingway's  Code. 

Agricultural  high  schools — Teachers — Examinations 
of. — 1.  All  teachers  in  agricultural  high  schools  shall  pass 
an  examination  in  the  free-school  studies  and  in  addition 
thereto  an  examination  on  the  subjects  they  are  required  to 
teach  in  said  schools.  Such  examinations  shall  be  held  at 
the  same  time  and  places  and  under  the  same  regulations  as 
required  of  other  applicants  to  teach  in  public  schools. 


TEACHERS'  LICENSE  145 

CODE  1906. 

Sec.  7810  Hemingway's  Code. 

4551.  State  board  of  examiners. — There  shall  be     a 
state  board  of  examiners  which  shall  consist  of  three  mem- 
bers, who  shall  be  first  grade  teachers  of  scholarly  attain- 
ments, and  of  successful  experience,  to  be  appointed  by  the 
state  superintendent  of  education. 

Sec.  7811  Hemingway's  Code. 

4552.  State  board  of  examiners — Duties. — It  shall  be 
the  duty  of  the  state  board  of  examiners  to  aid  the  state 
superintendent  of  education  in  preparing  all  examination 
questions  for  the  teachers  of  the  state,  to  grade  papers  of 
applicants  for  professional  and  state  licenses,  to  hear  and 
decide  all  appeals  from  teachers  or  county  superintendents 
regarding  examinations;  to  examine  all  applicants  or  can- 
didates for  the  office  of  county  superintendent  under  regu- 
lations passed  by  the  state  board  of  education. 

Sec.  7812  Hemingway's  Code. 

4553.  Licenses — How  secured. — Any  teacher  wishing 
to  secure  a  professional  license  shall  pass  a  satisfactory  ex- 
amination in  the  presence  of  the  county  superintendent,  or 
other  authorized  agent  of  the  state  board  of  examiners,  on 
the  following  subjects:  Algebra,  geometry,  rhetoric,  Eng- 
lish literature,  the  science  of  teaching,     civil    government, 
Caesar  and  Virgil,  and  on  such  other  subjects  as  the  state 
board  of  examiners  may  add.       Any  teacher  may  secure  a 
state  license  by  passing  a  satisfactory  examination  in  the 
presence  of  the  county  superintendent,  or  other  authorized 
agent  of  the  state  board  of  examiners,  in  spelling,  reading, 
practical  and  mental  arithmetic,  geography,  English  gram- 
mar and  composition.       United  Spates  history,  Mississippi 
history,  elements  of  agriculture,  civil  government,  elements 
of  physiology  and  hygiene,  with  special  reference  to  the  ef- 
fects of  alcohol  and  narcotics  on  the  human  system ;  provid- 
ed applicants  for  state  licenses  shall  have  their  papers  for- 
warded to  the  state  board  of  examiners  by  county  superin- 
tendent and  graded  by  state  board  of  examiners.      The  state 
board  of  examiners  may  grant  licenses  of  a  grade  lower 
than  that  for  which  the  applicant  applies ;  provided  that  the 
percentage  reaches  that  fixed  by  law.        On    all    licenses 
granted  the  board  shall  indicate  on  the  face  of  the  license 
the  percentage  made  by  the  applicant  on  each  subject.      A 


146  TEACHERS'  LICENSE 

state  license  shall  be  valid  for  one,  two  or  three  years,  ac- 
cording to  the  value  of  applicant's  papers ;  but  any  applicant 
receiving  the  second  three-years  state  license  from  the 
state  board  of  examiners  shall  be  exempt  from  further  ex- 
aminations, and  a  state  license  from  said  board  of  examin- 
ers shall  be  valid  in  every  county  of  the  state,  but  the  state 
board  of  examiners  may  revoke  licenses  for  cause  and 
where  teachers  discontinue  to  teach.  All  teachers  hereto- 
fore exempt  from  examination  in  the  counties  in  which  they 
reside  may  forward  their  papers  to  the  state  board  of  ex- 
aminers upon  the  payment  of  one  dollar  and  fifty  cents  to 
said  board  of  examiners,  and  the  board  of  examiners  may 
issue  to  said  teachers  state  licenses  in  lieu  of  licenses  grant- 
ed by  county  superintendents. 

State  Board  of  Examiners. 

Sec.  7813  Hemingway's  Code. 

4554.  Compensation  and  term  of  office. — The  state 
board  of  examiners  shall  receive  as  compensations  for  their 
services  five  dollars  from  each  applicant  for  professional 
license;  five  dollars  from  each  applicant  or  candidate    for 
county  superintendent  of  education  in  the  several  counties 
of  the  state,  and  fifty  cents  for  each  applicant  for  state  li- 
cense, which  sum  shall  be  paid  by  the  county  superintend- 
ent of  education  to  the  state  board  of  examiners,  as  teach- 
ers are  paid,  and  as  is  now  paid  to  county  examiners.      The 
state  board  of  examiners  shall  serve  for  four  years  each, 
unless  removed  by  the  state  superintendent  for  cause. 

CHAPTER  201. 
LAWS  1908. 

Sec.  7814  Hemingway's  Code. 

4555.  Professional  licenses. — The  board  of  education 
shall  have  power  to  issue  professional  licenses  to  teachers 
of  recognized  ability,  moral  character  and  scholarly  attain- 
ments, who  shall  pass  a  satisfactory  written  examination, 
held  as  prescribed  by  the  board,  on  algebra,  geometry,  phy- 
sics, rhetoric,  English  literature,  the  elements  of  botany  and 
chemistry,  the  science  of  teaching,  civil    government    and 
Latin,  through  Caesar  and  Virgil.       The  manuscripts    of 
examination  shall  be  kept  on  file  in  the  office  of  the  state 


TEACHERS'  LICENSE  147 

superintendent,  and  the  licenses  shall  be  valid  for  life  in 
any  part  of  the  state 

CHAPTER  226. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  state  board  of  examiners  shall 
have  authority  to  grant,  under  rules  and  regulations,  to  be 
formulated  by  the  said  state  board  of  examiners,  a  state 
teachers  license  to  graduates  of  those  institutions  of  higher 
learning  as  maintain  a  full  four  year  college  course  under 
rules  and  regulations  to  be  formulated  by  the  said  state 
board  of  examiners,  provided  that  license  shall  be  issued 
only  to  such  graduates  as  have  taken  nine  session  hours  of 
college  work  in  education  deignated  by  the  state  board  of 
examiners.  This  license  shall  be  valid  for  a  period  of  three 
years,  and  on  expiration  shall  be  renewable  by  an  attend- 
ance on  an  approved  summer  school,  and  when  so  renewed 
shall  become  valid  for  life.  Provided  further,  that  the 
state  board  of  examiners  shall  also  have  authority  to  grant 
under  rules  and  regulations  to  be  formulated  by  the  said 
state  board  of  examiners,  a  state  license  to  students  who 
have  finished  the  sophomore  year  in  any  college  in  the  state 
requiring  14  Carnegie  units  for  entrance  to  the  freshman 
class.  Such  students  having  completed  six  session  hours 
in  education,  as  provided  for  by  the  state  board  of  examin- 
ers. This  license  shall  be  valid  for  two  years  and  on  ex- 
piration shall  be  renewed  as  other  licenses  are  renewed. 

Provided  further,  that  the  state  board  of  examiners  is 
authorized  to  grant,  without  examination,  a  first  grade 
teacher's  license  to  graduates  of  agricultural  high  schools, 
in  this  state,  provided  such  graduates  have  included  in  their 
course  of  studies  two  units  of  work  of  matter  relative  to 
organization  and  methods  of  teaching  in  the  elementary 
school,  and  provided  students  receiving  such  license  shall 
not  be  empolyed  for  the  following  scholastic  year  in  the 
school  from  which  they  graduated.  This  license  shall  be 
valid  for  one  year,  subject  to  renewal  as  other  first  grade 
licenses  are  renewed,  and  such  license,  so  conferred,  shall 


148  TEACHERS'  LICENSE 

be  conditioned  on  satisfactory  work  in  an  approved  sum- 
mer school,  immediately  following  high  school  graduation. 

Sec.  2.  That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage 

HOUSE  BILL  NO.  48. 

AN  ACT  to  enable  persons  who  took  part  in  the  World  War  to  have 
their  teacher's  license  renewed. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  any  person  who  held  a  first  grade 
teacher's  license  which  expired  during  the  calendar  year 
of  their  enlistment  into  the  military  service  of  the  United 
States  during  the  World  War  or  into  the  Red  Cross,  Y.  M. 
C.  A.,  or  any  auxiliary  branch  of  the  military  service  or  at 
any  time  while  in  the  service,  is  hereby  authorized  to  have 
his  or  her  license  renewed  under  the  rules  and  regulations 
of  the  State  board  of  examiners  on  the  same  status  as  when 
they  entered  the  service,  provided  said  license  or  licenses 
are  renewed  within  a  period  of  twelve  months  after  the 
passage  of  this  act. 

Section  2.  That  all  laws  and  parts  of  laws  in  conflict 
with  this  act  be  and  the  same  are  hereby  repealed. 

Section  3.  That  this  act  become  effective  from  and 
after  its  passage. 

Approved  February  2,  1922. 


TEXT-BOOKS  149 

TEXT-BOOKS. 

CHAPTER  179. 
LAWS  1916. 

Sec.  7820  Hemingway's  Code. 

All  school  text-books  to  be  filed  with  state  superinten- 
dent whether  included  in  uniform  adoption  or  not. — 1.  All 
publishers  of  school  text-books,  or  persons  desiring  to  offer 
school  text-books,  other  than  those  provided  for  under  the 
uniform  text-book  law  now  in  force  in  this  state,  for  the  use 
of  pupils  in  the  public  schools  of  Mississippi,  as  hereinafter 
provided,  before  such  books  may  legally  be  adopted  and 
purchased  by  any  public-school  authorities,  shall  file  in  the 
office  of  the  state  superintendent  of  education  a  copy  of 
each  book  proposed  to  be  so  offered,  together  with  the  pub- 
lished list  price  as  shown  by  the  publisher's  catalogue.  No 
revised  or  different  edition  of  any  such  book  shall  be  used 
in  the  public  schools  of  Mississippi  unless  a  copy  of  such 
edition  has  been  filed  in  the  office  of  the  state  superinten- 
dent of  education,  together  with  the  publisher's  list  price 
thereof.  The  state  superintendent  of  education  shall  care- 
fully preserve  in  his  office  all  such  sample  copies  of  books 
filed  and  the  prices  thereof. 

Chap.  179,  Laws  1916.  Sec.  7821  Hemingway's  Code. 

Sworn  statement  also  to  be  filed  showing  lowest  whole- 
sale  price  on  same. — 2.  That  each  publisher  of  any  such 
books  filed  shall  also  file  in  the  office  of  the  state  superin- 
tendent of  education  a  sworn  statement  giving  the  lowest 
net  wholesale  price  at  which  each  book  is  sold  anywhere  in 
the  United  States ;  the  said  sworn  statement  shall  also  give 
the  list  price  and  the  lowest  exchange  price  given  anywhere 
in  the  United  States  when  old  books  on  the  same  subject 
and  of  like  kind  and  grade,  but  of  different  series,  are  re- 
ceived in  exchange. 

Chap.  179,  Laws  1916.  Sec.  7822  Hemingway's  Code. 

Publisher  to  give  security  bond — Conditions  of  same. 
—3.  That  each  publisher  shall  file  with  the  state  superin- 
tendent of  education  a  bond  payable  to  the  State  of  Missis- 
sippi with  some  surety  company  authorized  to  do  business 
in  the  State  of  Mississippi  as  surety  thereon,  in  a  sum  to 
be  determined  by  the  state  superintendent  of  education, 


150  TEXT-BOOKS 

said  sum  being  not  less  than  two  -thousand  dollars  ($2,000.- 
00)  nor  more  than  ten  thousand  dollars  ($10,000.00),  ac- 
cording to  the  number  of  books  filed,  and  the  bond  to  be 
conditioned  as  follows: 

Eirst.  That  the  publisher  will  furnish  any  of  the  books 
listed  in  said  statement,  and  in  any  other  statement  subse- 
quently filed  by  him  within  five  years  to  any  county  school 
board,  any  board  of  trustees  of  separate  school  district,  or 
agricultural  high  schools,  in  the  State  of  Mississippi,  at  the 
lowest  net  wholesale  prices  contained  in  said  statement, 
which  price  must  not  exceed  seventy-five  (75)  per  cent,  of 
the  publisher's  list  price  thereof,  and  that  he  will  maintain 
said  prices  uniformly  throughout  the  State  of  Mississippi 
on  all  books  filed  under  the  provisions  of  this  act. 

Second.  That  the  publisher  will  reduce  such  price 
automatically  to  the  State  of  Mississippi  whenever  reduc- 
tions are  made  elsewhere  in  the  United  States,  so  that  at  no 
time  shall  any  book  so  filed  and  listed  be  sold  to  school  au- 
thorities in  Mississippi  at  a  higher  net  price  than  is  re- 
ceived for  such  books  elsewhere  in  the  United  States. 

Third.  That  all  such  text-books  offered  for  sale, 
adoption  or  exchange  in  the  State  of  Mississippi  shall  be 
equal  in  quality  to  those  filed  in  the  office  of  the  state  sup- 
erintendent of  education  as  regards  to  paper,  binding,  print, 
illustrations,  subject-matter,  and  all  other  particulars  that 
may  affect  the  value  of  such  school  text-books. 

Fourth.  That  the  publisher  shall  not  enter  into  any 
understanding,  agreement  or  combination  to  control  the 
prices  or  restrict  competition  of  the  sale  of  school  text- 
books in  the  state  of  Mississippi. 

Chap.  179,  Laws  1916.  Sec.  7823  Hemingway's  Code. 

Bond  to  be  approved  by  attorney- general. — 4.  That 
such  bond  shall  be  approved  by  the  attorney-general,  and 
shall  continue  in  force  for  a  period  of  five  years  after  its 
filing,  at  or  before  the  expiration  of  which  period  a  new 
bond  shall  be  given,  or  the  right  to  continue  selling  such 
text-books  in  the  State  of  Mississippi  shall  be  forfeited. 

Chap.  179,  Laws  1916.  Sec.  7824  Hemingway's  Cede. 

State  superintendent  to  furnish  list  of  books  to  county 
and  school  officers. — 5.  That  the  state  superintendent  of 


TEXT-BOOKS  151 

education  shall,  within  thirty  days  after  the  filing  of  any 
such  school  text-books  and  bond  for  same,  send  a  list  of 
such  books  to  each  county  superintendent  of  education  and 
to  the  superintendent  or  trustees  of  each  separate  school  dis- 
trict and  the  chairman  of  the  board  of  trustees  of  each  agri- 
cultural high  school  in  the  state.  And  the  state  superinten- 
dent of  education  shall,  on  or  by  January  1,  1917,  and  on  or 
by  the  first  of  January  of  each  following  year,  publish  and 
send  to  each  county  superintendent  of  education  and  to  the 
superintendent  or  trustees  of  each  agricultural  high  school 
a  printed  copy  of  all  such  lists  then  in  force  in  his  office. 

Chap.  179.  Laws  1916.  Sec.  7825  Hemingway's  Code. 

Publisher  failing  to  supply  copies  of  books  to  pay  for- 
feit.— 6.  That  if  any  publisher  shall  comply  with  the  fore- 
going sections  and  then  fail  or  refuse  to  furnish  such  books 
to  any  board  of  trustees,  county  superintendent,  superinten- 
dent or  trustees  of  separate  school  districts,  trustees  or  agri- 
cultural high  schools,  upon  the  terms  herein  provided,  said 
school  authority  shall  at  once  notify  the  state  superinten- 
dent of  education  of  such  failure  or  refusal,  and  he  shall  at 
once  cause  an  investigation  of  such  charge  to  be  made.  If 
the  state  superintendent  of  education  finds  such  charge 
to  be  true,  he  shall  at  once  notify  such  publisher  and  notify 
each  county  superintendent  of  education,  each  state  educa- 
tional institution,  each  board  of  trustees  of  separate  school 
districts  and  agricultural  high  schools  in  the  State  of  Mis- 
sissippi that  such  book  or  books  shall  not  thereafter  be 
adopted  or  purchased  by  any  of  the  school  authorities  in  the 
State  of  Mississippi.  Said  publisher  shall  forfeit  and  pay 
to  the  State  of  Mississippi  the  sum  of  five  hundred  dollars 
($500.00)  for  each  failure  or  refusal  to  furnish  said  book 
or  books,  to  be  recovered  in  the  name  of  the  State  of  Missis- 
sippi in  an  action  to  be  brought  by  the  attorney-general  in 
any  proper  court,  the  amount  when  collected  to  be  paid  into 
the  treasury  to  the  credit  of  the  common-school  fund  of  the 
State  of  Mississippi. 

Chap.  179,  Laws  1916.  Sec.  7826  Hemingway's  Code. 

School  trustees  to  meet  and  determine  wh&t  books  to 
be  used  in  the  county  schools. — 7.  That  each  county  school 
board  and  the  board  of  trustees  of  each  separate  school  dis- 
trict in  the  state  of  Mississippi,  at  the  regular  meeting  to  be 
held  between  the  first  Monday  in  each  January  and  the  first 
Monday  in  August  following  each  year  until  a  complete  list 


152  TEXT-BOOKS 

of  school  text-books  is  adopted  covering  the  whole  school 
course  of  study,  not  otherwise  provided  for  by  law,  by  a 
majority  vote  of  the  entire  membership  of  said  board,  shall 
determine  which  of  said  books  so  filed  shall  be  used  in  the 
schools  under  its  control  it  being  distinctly  understood  that 
such  list  of  books  selected  by  the  county  school  boards  shall 
apply  to  all  public  high  schools  in  the  county,  except  sep- 
arate school  districtsand  agricultural  high  schools;  pro- 
vided, that  the  county  school  board  shall  make  selection  of 
books  from  a  list  recommended  by  a  committee  of  five  high- 
school  teachers  .appointed  by  the  county  superintendent  of 
education.  And  after  such  books  have  been  selected  and 
adopted  by  said  school  board  or  boards  of  trustees  of  sep- 
arate school  districts  and  agricultural  high  schools;  pro- 
vided, that  the  county  school  board  shall  make  selection  of 
books  substituted  therefor  for  a  period  of  five  years  after 
the  date  of  its  selection  and  adoption,  as  shown  by  the  offi- 
cial records  of  the  board  provided,  that  any  of  such  school 
text-books  as  may  be  in  use  in  the  schools  of  Mississippi 
when  this  act  goes  into  effect  may  be  continued  at  the 
pleasure  of  the  authorities  in  charge  of  such  schools,  but 
that  when  said  books  are  changed,  or  other  books  substi- 
tuted for  those  in  use,  the  books  adopted  shall  be  used  for  a 
full  period  of  five  years.  That  this  act  shall  not  affect  any 
existing  contracts  for  text-books  now  in  force  in  this  state, 

Chap.  179,  Laws  1916.  Sec.  7827  Hemingway's  Code. 

Uniform  course  of  study  for  agricultural  high  schools 
to  be  selected. — 8.  That  it  shall  be  the  duty  of  the  state 
superintendent  of  education  to  appoint  four  agricultural 
high  school  principals  or  teachers,  who,  with  himself,  shall 
constitute  a  committee  to  select  from  books  listed,  as  herein- 
before provided,  a  uniform  course  of  study  for  the  agricul- 
tural high  schools  of  the  state,  and  said  schools  shall  be 
required  to  use  the  books  so  selected.  The  price  and  man- 
ner of  handling  and  adopting  books  for  separate  school  dis- 
tricts and  other  high  schools  shall  apply  to  agricultural 
high  schools  also,  except  books  on  agricultural  and  other  in- 
dustrial subjects 

Chap.  179,  Laws  1916.  Sec.  7828  Hemingway's  Code. 

Prices  at  which  books  to  be  bought  and  sold  to  pupils. 
—9.  That  all  school  text-books  adopted,  as  provided  for  in 
this  act,  shall  be  bought  by  the  various  school  authorities 
direct  from  the  publishers  at  the  prices  listed  with  the 


TEXT-BOOKS  153 

state  superintendent  of  education,  as  herein  provided,  and 
sold  to  the  pupils  and  patrons  of  such  schools  at  said  listed 
prices,  or  at  such  prices  as  will  include  the  cost  of  trans- 
portation and  cost  of  handling  said  books,  but  in  no  case 
shall  a  greater  price  be  charged  any  pupil  or  patron  than 
fifteen  (15)  per  cent,  advance  over  the  net  wholesale  price. 

Chap.  179,  Laws  1916.  Sec.  7829  Hemingway's  Code. 

How  books  to  be  ordered  and  paid  for. — 10.  That  each 
board  of  trustees  of  separate  school  districts  and  each  coun- 
ty school  board  shall,  at  a  regular  meeting,  cause  to  be  as- 
certained the  number  of  each  of  such  books  the  schools  un- 
der its  charge  require  or  the  amount  already  due  publishers 
for  books.  The  secretary  of  each  board  of  trustees  and  each 
county  superintendent  of  education  shall  order  the  books 
so  agreed  upon  by  the  board  from  the  publishers,  who,  on 
receipt  of  such  order,  shall  ship  the  books  as  directed  with- 
out delay.  It  shall  be  the  duty  of  the  secretary  or  other  per- 
son named  by  the  board  for  such  purpose  to  examine  the 
books  when  received,  and  if  found  to  be  right  and  in  accor- 
dance with  the  order,  a  warrant,  payable  out  of  the  school 
fund  for  the  proper  amount  shall  be  issued  and  remitted  to 
the  publisher  within  thirty  days.  Each  county  school  board 
and  board  of  trustees  shall  pay  all  charges  for  the  trans- 
portation of  books. 

It  shall  be  the  duty  of  each  county  school  board  and 
board  of  trustees  to  make  all  necessary  provisions  and  ar- 
rangements to  place  the  books  so  purchased  within  easy 
reach  and  accessible  to  all  the  pupils  in  the  schools  under 
their  control.  For  this  purpose  each  county  school  board 
and  board  of  trustees  may  make  contracts,  and  take  such 
security  as  it  deems  necessary,  for  the  custody,  care  and  sale 
of  such  books,  and  accounting  for  the  proceeds.  The  pro- 
ceeds from  the  sale  of  the  books  shall  be  used  to  replace 
the  money  used  by  the  county  school  board  and  board  of 
trustees  in  purchasing  the  necessary  supply  of  books  or 
send  direct  to  the  publisher  in  settlements  of  accounts  due. 
The  county  school  boards  and  boards  of  trustees  may  also 
contract  with  local  or  retail  dealers  to  sell  the  books  to  the 
pupils  and  patrons  of  the  schools  at  prices  to  be  specified 
by  the  county  school  board  and  board  of  trustees,  each  board 
being  responsible  to  the  publishers  for  all  books  purchased 
by  it.  All  orders  for  books  under  this  act  shall  be  made  by 


154  TEXT-BOOKS 

the  secretary  of  the  board  of  trustees  or  by  the  county  su- 
perintendent. 

Chap.  179,  Laws  1916.  Sec.  7830  Hemingway's  Code. 

Retailer  not  to  advance  price  of  books. — 11.  That  no 
retail  dealer  selling  said  school  text-books  as  the  agent  of 
any  school  authority  shall  sell  the  same  at  a  greater  price 
than  the  price  agreed  upon  between  such  dealer  and  said 
school  authorities ;  provided,  that  in  no  case  shall  said  books 
be  sold  to  the  school  children  at  a  price  to  exceed  fifteen 
(15)  per  cent,  advance  on  the  wholesale  price  of  such  books. 

Chap.  179,  Laws  1916.  Sec.  7831  Hemingway's  Code. 

Pupils  removing  into  new  districts — How  books  dis- 
posed of. — 12.  That  when  pupils  remove  from  any  county 
or  separate  school  district,  and  have  text-books  of  the  kind 
adopted  in  such  school  district  and  not  of  the  kind  adopted 
in  the  district  to  which  they  removed,  and  wish  to  dispose  of 
them,  the  school  board  of  the  county  or  separate  school  dis- 
trict from  which  they  remove,  if  requested,  shall  purchase 
such  textbook  at  the  fair  value  thereof  and  resell  them  to 
other  pupils.  (Laws  1916,  ch.  179.  In  effect  May  1,  1916.) 

Chap.  179,  Laws  1916.  Sec.  7832  Hemingway's  Code. 

School  boards  may  provide  for  free  books  if  desired. — 
13.  That  nothing  in  this  act  shall  prevent  the  school  board 
of  any  county  or  separate  school  district  in  the  State  of 
Mississippi  from  furnishing  free  text-books  to  the  pupils  in 
the  schools  under  its  control,  or  from  buying  books  and  rent- 
ing them  to  pupils  in  such  schools. 

Chap.  179,  Laws  1916.  Sec.  7833  Hemingway's  Code. 

Publisher  not  to  give  money  or  gifts  to  members  of 
schools  boards. — 14.  That  no  publisher  of  school  books  nor 
agent  of  such  publisher  shall  offer  or  give  any  emolument, 
money  or  other  valuable  things,  or  any  other  inducement 
to  any  member  of  the  board  of  trustees  or  school  official 
connected  with  any  of  the  public  schools  of  Mississippi,  for 
his  vote  or  promise  of  vote,  or  for  the  use  of  his  influence 
for  the  adoption  of  any  school  text-book  to  be  used  in  any 
of  the  schools  of  this  state ;  nor  shall  any  member  of  a  board 
of  trustees  or  school  official  connected  with  any  of  the  pub- 
lic schools  of  Mississippi  accept  emolument,  money  or  other 
valuable  thing,  or  any  other  inducement  from  any  publisher 
or  agent  of  any  publisher  for  his  vote  or  promise  of  vote,  or 
for  the  use  of  his  influence  for  the  adoption  of  any  school 


TEXT-BOOKS  155 

text-book.  Provided,  that  nothing  in  this  section  shall  be 
construed  to  prevent  any  person,  publisher  or  publisher's 
agent  from  sending  a  reasonable  number  of  sample  copies 
of  school  text-books  to  any  member  of  a  board  of  trustees 
or  school  official  for  examination  of  such  book  or  books  be- 
fore any  adoption  of  books,  as  provided  for  in  this  act,  and 
nothing  shall  be  construed  to  prevent  such  member  of  a 
board  of  education  or  school  official  from  receiving  such 
sample  copies 

Chap.  179,  Laws  1916.  Sec.  7834  Hemingway's  Code. 

Violations  of  this  act — How  punished. — 15.  That  any 
publisher  of  school  text-books  or  agent  of  such  publisher,  or 
any  member  of  any  board  of  trustees,  or  public-school  offi- 
cial of  the  State  of  Mississippi  who  violates  any  of  the  pro- 
visions of  this  act,  on  conviction  thereof,  shall  be  punished 
as  for  a  misdemeanor;  and  any  member  of  the  board  of 
trustees  or  school  official  shall,  in  addition,  be  removed 
from  his  official  position.  Any  retail  dealer  of  school  text- 
books acting  as  agent  for  any  board  of  trustees  who  violates 
any  of  the  provisions  of  this  act  shall,  upon  conviction,  be 
punished  as  for  a  misdemeanor. 

Chap.  179^  Laws  1916.  Sec.  7835  Hemingway's  Code. 

County  superintendent  to  order  books  and  employ 
agents. — 16.  That  the  county  superintendent  of  education 
shall  act  for  the  county  school  board  in  ordering  books  for 
the  schools  in  his  county,  except  for  separate  school  dlsT 
tricts  and  agricultural  high  schools,  and  he  shall  employ 
agents  at  such  places  as  he  deems  necessary  for  the  proper 
distribution  of  said  books. 

CHAPTER  143. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Mississippi,  That  section  4617  of  the  code  of  1906  be 
amended  so  as  to  read  as  follows : 

4617.  Exchange  price  of  books. — The  exchange  price 
between  old  books  and  new  books  of  the  same  or  similar 
grade  shall  not  be  more  than  the  lowest  exchange  price  of 
said  books  anywhere  in  the  United  States. 


156  TEXT-BOOKS 

Sec.  2.  That  chapter  168  of  the  laws  of  1912,  entitled, 
"An  act  to  limit  the  number  of  text  books  changed  at  any 
regular  state  adoption,"  be  and  the  same  is  hereby  repealed. 

Sec.  3.  That  all  laws  and  parts  of  laws  in  conflict  here- 
with are  repealed,  and  that  this  act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 

State  Textbook  Commission. 
Code  1906. 

Sec.  7837  Hemingway's  Code. 

4594.  Commission  to  select  a  uniform  series   of  text- 
books— Qualifications  of  its  members. — The  governor  shall 
select  and  appoint  eight  educators  of  known  character  and 
ability  in  their  profession,    and    engaged    in  public-school 
work  as  teachers,  not  more  than  one  to  be  selected  from  each 
congressional  district,  who,  together  with  the  state  super- 
intendent of  education,  shall  constitute  the  text-book  com- 
mission of  Mississippi.     The  state  .superintendent  of  educa- 
tion shall  be  an  ex-officio  member  of  said  commission,  and 
in  no  case  shall  the  person  selected  be  related    to    the    ex- 
officio  member  by  affinity  or  consanguinity. 

Sec.  7838  Hemingway's  Code. 

4595.  Books  selected  to  be  used  for  five  years. — It  shall 
be  the  duty  of  the  said  commission  to  select  and  adopt  a  uni- 
form system  or  series  of  text-books  for  use  in  the  public 
schools  of  the  state.     Said  commission  is  hereby  authorized, 
empowered,  and  directed  to  select  and  adopt  said  uniform 
series  of  text-books  for  use  in  the  public  schools  of  the 
state,  and  when  so  selected  said  books  shall  be  used  for    a 
period  of  five  years  in     all    the    public    schools    of    the 
state,  and  it  shall  be  unlawful  for  any  teacher  of  any  public 
school  in  this  state  to  use  any  book  or  books  upon  the  same 
branch  other  than  those  adopted  by  said  text-book  commis- 
sion, except  as  hereinafter  provided.     Said  uniform  series 
shall  include  the  following  branches  of  study,  to- wit :  Ortho- 
graphy, reading,  writing,  intellectual    arithmetic,  practical 
arithmetic,  geography,  English  grammar,  composition,  his- 
tory of  the  United  States,  physiology,  civil  government,  ele- 
ments of  agriculture  and  history  of  the  State  of  Mississippi ; 
that  no  history  in  relation  to  the  late  civil  war  between  the 
states  shall  be  used  in  the  schools  of  this  state,  unless  it  be 
fair  and  impartial,  and  such  other  branches  of  school  books 


TEXT-BOOKS  157 

as  may  be  added  to  the  above  curriculum  by  statute.  Pro- 
vided, that  none  of  said  text-books  so  selected  or  adopted 
shall  contain  anything  of  a  partisan  or  sectarian  character ; 
and  provided,  further,  that  all  text-books  adopted  for  use 
in  the  public  schools  of  the  state  shall  be  printed  in  English, 
except  such  books  as  shall  be  adopted  as  text-books  in  the 
study  of  a  foreign  language. 

Sec.  7839  Hemingway's  Code. 

4596.  Members  to  be  sworn — Must  not  be  directly  or 
indirectly  interested  in  contracts. — Before  transacting  any 
business  relating  to  the  duties  incumbent  on  the  said  com- 
mission, the  members  thereof  shall  each  take  and  subscribe 
an  oath  to  faithfully  discharge  all  the  duties  devolving  upon 
them  as  members  of  said  commission;  that  he  has  no  in- 
terest, direct  or  indirect,  in  any  contract  that  may  be  made 
hereunder ;  that  he  will  receive  no  personal  benefit  or  profit 
therefrom ;  that  he  is  not  in  any  manner  interested  in  any 
books  or  publishing  concern    publishing    any  books  of  the 
kind  contemplated  for  use  in  the  public  schools  of  this  or  any 
other  state ;  that  he  will  carefully,  faithfully,  and  conscien- 
tiously examine  all  books  submitted  for  inspection,  and  will, 
to  the  best  of  his  knowledge  and  ability,  make  the  best  se- 
lection possible  of  any  and  all  books  to  be  ued  in  the  public 
schools  of  the  state. 

Sec.  7840  Hemingway's  Code. 

4597.  Separate  school  districts  may  adopt  supplemen- 
tal books. — The  trustees  of  any  separate  school  district  may 
select  such  other  supplemental  books  in  addition  to  the  books 
selected  and  adopted  by  the  school-book  commission,  for  use 
in  such  separate  school  districts,  and  the  trustees  of  the 
separate  school  district  may    raise    the  curriculum  above 
that  which  may  be  prescribed  by  law  or  act  of  the  school- 
book  commission. 

Sec.  7841  Hemingway's  Code. 

4598.  How  choice  of  books  made. — The  said  text-book 
commission  shall,  in  making  up  their  choice  for  books  to  be 
used,  take  into  consideration  the  merit  of  each  book  as  to 
the  subject-matter,  the  printing,  binding,  material,  mechan- 
ical qualities,  and  general  suitability  for  the  purpose  intend- 
ed, as  well  as  the  price  of  said  books.     Said  commission 
shall  select  and  adopt  such  books  as  will,  in  their  best  judg- 
ment, accomplish  the  ends     desired,     and  they  are  hereby 


158  TEXT-BOOKS 

authorized,  empowered  and  directed  in  case  they  deem  any 
of  the  books  suitable  and  more  desirable  than  other  books 
of  the  same  class  submitted,  but  the  price  is  unreasonably 
high,  and  that  they  should  be  offered  at  a  lower  price,  they 
may  use  their  discretion  and  judgment  whether  they  shall 
adopt  said  book  or  books,  or  adopt  the  books  next  best  in 
the  list  of  books  submitted. 

Sec.  7842  Hemingway's  Code. 

4599.  When  commission  to  meet  and  organize — To  ad- 
vertise for  bids. — The  said  text-book  commission  shall  im- 
mediately after  their  selection  meet    and  organize,    and  a 
majority  of  said  commission  shall  constitute  a  quorum  for 
the  transaction  of  business.     As  soon  as  the  commission 
shall  organize  it  shall  advertise  in  such  a  manner  and  in 
such  places  as  is  deemed  desirable,  that  at  a  time  nnd  place 
fixed  definitely  in  said  advertisement,  sealed  bids  will  be 
received  from  the  publishers  of  school  text-books  for  fur- 
nishing books  as  herein  provided  to  the  public  schools  of  the 
State  of  Mississippi,  through  agencies  established  by  said 
publishers  in  the  several  counties  of  the  state,  for  a  period 
of  five  years  from  the  date  and  execution  of  the  contract. 
The  bids  or  proposals  shall  be  for  furnishing  the  books  for 
a  period  of  five  years  and  no  longer 

Code  1892. 

The  anti-trust  law  of  1900  has  no  application  to  the  state  or  its 
public  agencies  in  letting  a  contract  for  copyrighted  school  books  in 
the  manner  provided  by  law  and  as  the  result  of  competitive  bidding 
iby  the  terms  of  which  new  books  are  for  a  time  to  be  exchanged  with- 
out cost,  book  for  book,  in  the  place  of  old  books  then  in  use,  after 
which  the  prices  agreed  on  are  to  be  paid  for  all  books  furnished  dur- 
ing the  continuance  of  the  contract.  B.  F.  Johnson  Pub.  Co.  v.  Mills, 
79  Miss.  543,  31  So.  101. 

A  public  contract  for  an  article  below  cost  is  not  "inimical  to  the 
public  welfare"  within  Const.  1890,  §  198.  B.  F.  Johnson  Pub.  Co.  v. 
Mills,  79  Miss.  543,  31  So.  101. 

Sec.  7843  Hemingway's  Code. 

4600.  What  bids  shall  specify — To  be  accompanied  by 
specimen  copies — Bidders  to  put  up  forfeits — Opening  of 
bids. — All  bids  shall  state  definetly  the  price  at  which  the 
books  will  sell  at  wholesale  and  retail,  and  shall  be  accompa- 


TEXT-BOOKS  159 

nied  by  one  or  more  specimen  copies  of  each  and  every 
book  to  be  furnished;  it  shall  be  required  of  each  bidder  to 
deposit  with  the  state  treasurer  such  a  sum  of  money  as  the 
commission  may  require,  according  to  the  number  of  books 
each  bidder  may  propose  to  furnish,  and  notice  shall  be 
further  given  in  said  advertisement  that  such  deposit  shall 
be  forfeited  to  the  state  if  the  bidder  making  the  deposit 
shall  fail  or  refuse  to  make  and  execute  such  contract  and 
bond  as  is  hereafter  required,  the  time  to  be  fixed  by  the 
commission  and  so  stated  in  such  advertisement.  All  bids 
shall  be  sealed  and  deposited  with  the  secretary  of  the  com- 
mission to  be  delivered  by  him  to  the  commission  when  it 
meets  for  the  purpose  of  considering  said  bids,  and  shall 
be  opened  by  the  secretary  in  the  presence  of  the  commis- 
sion. 

Sec.  7844  Hemingway's  Code. 

4601.  Bids  to  be  opened  and  considered  in  executive 
session — Attorney-general  to  draw  up  contracts. — It  shall 
be  the  duty  of  the  commission  at  the  time  and  place  desig- 
nated in  the  said  advertisement  in  executive  session  to  open 
and  examine  all  sealed  proposals  submitted  and  received  in 
pursuance  of  the  notice  or  advertisement  as  hereinbefore 
provided ;  to  examine  and  carefully  consider  all  such  bids  or 
proposals  and  determine  in  the  manner  provided  for  what 
book  or  books  shall  be  adopted,  taking  into  consideration  the 
size,  quality  as  to  subject-matter,  material,  printing,  bind- 
ing, and  the  mechanical  execution  and  the  price  and  general 
suitability  for  the  purpose  desired  and  intended.  After 
their  selection  shall  have  been  made,  the  commission  shall, 
by  registered  letter,  notify  the  publishers  to  whom  the  con- 
tracts have  been  awarded,  and  it  shall  be  the  duty  of  the  at- 
torney-general to  prepare  said  contract  or  contracts  in  ac- 
cordance with  the  terms  and  provisions  of  the  law  on  the 
subject  of  text-books,  and  all  contracts  shall  be  executed  by 
the  governor  and  secretary  of  state,  with  the  seal  of  the 
state  affixed  thereto  on  the  part  of  the  State  of  Mississippi, 
and  the  said  contracts  shall  be  executed  in  triplicate,  one 
copy  to  be  kept  by  the  contractor,  one  copy  by  the  secretary 
of  the  commission,  and  copied  in  full  in  the  minute-book  of 
the  commission,  and  one  copy  to  be  filed  in  the  office  of  the 
secretary  of  state.  At  the  time  of  the  execution  of  the  afore- 
said contract,  the  contractors  shall  enter  into  bond  in  the 
sum  of  not  less  than  ten  thousand  dollars,  payable  to  the 


160  TEXT-BOOKS 

State  of  Mississippi,  conditioned  for  the  faithful,  honest 
and  exact  performance  of  all  the  terms  of  said  contract,  to- 
gether with  the  payment  of  reasonable  attorney's  fees 
in  case  of  recovery  in  any  suit  upon  the  same,  to  be  ap- 
proved by  the  governor  and  the  attorney-general.  Any 
guarantee  company  authorized  to  do  business  in  the 
State  of  Mississippi  may  become  surety  on  said  bond, 
and  .there  shall  be  five  or  more  sureties  on  the  said  bond 
who  are  citizens  of  this  state  and  residents  of  different 
counties  therein,  and  in  the  event  suit  is  brought  on  said 
bond  in  any  of  the  state  courts,  and  the  defendants,  or 
any  of  them  have  the  case  removed,  or  attempt  to  have 
the  case  removed  to  the  federal  court,  the  said  school-book 
commission  may  immediately  cancel  the  contract  and  con- 
tinue the  suits  on  the  bond,  and  it  shall  be  the  duty  of  the 
attorney-general  to  so  write  it  in  the  contract  And  it  shall 
be  the  duty  of  the  attorney-general  to  prepare  said  bonds 
and  approve  same ;  provided,  that  said  bond  shall  not  be  ex- 
hausted by  a  single  recovery,  but  may  be  sued  on  from  time 
to  time  until  the  full  amount  thereof  shall  have  been  recov- 
ered, and  the  commission  may,  at  any  time,  by  giving  due 
notice  thereof,  require  additional  security,  if,  in  their  judg- 
ment, it  is  necessary 

Sec.  7845  Hemingway's  Code. 

5602.  Forfeit  money  returned  to  unsuccessful  bid- 
ders— Contract  must  be  executed  within  thirty  days. — When 
any  firm  or  corporation  shall  have  been  awarded  a  contract 
and  submitted  therewith  the  bond  as  required,  the  commis- 
sion shall  inform  the  treasurer  of  the  state,  and  it  shall  then 
be  his  duty  to  return  to  such  contractor  the  cash  deposit 
made  by  him,  and  the  commission  shall  furnish  the  treas- 
urer the  names  of  the  unsuccessful  bidders,  when  he  shall 
return  to  them  the  amount  deposited  by  them  at  the  time  of 
the  submission  of  their  bid,  but  should  any  firm,  person  or 
corporation  fail  or  refuse  to  execute  the  contract  and  submit 
the  bond  as  required  hereby,  within  thirty  days  after  the 
awarding  of  the  contract  to  him,  and  the  mailing  of  the  reg- 
istered letter  containing  the  notice,  the  said  cash  deposit 
will  be  deemed  and  is  hereby  declared  forfeited  to  the  state, 
and  it  shall  be  the  duty  of  the  treasurer  to  place  said  deposit 
in  the  treasury  of  the  state  to  the  credit  of  the  general  school 
fund ;  and,  provided  further,  that  any  recovery  on  the  bond 


TEXT-BOOKS  161 

of  any  contractor  shall  be  placed  to  the  credit  of  said  fund, 
and  be  prorated  among  the  several  counties  of  the  state. 

CHAPTER  170. 
HOUSE  BILL  No.  848. 

AN  ACT  to  amend  section  4603,  code  of  1906  (section  7846  Heming- 
way code),  books  furnished  to  be  equal  to  specimen  copies. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  4603,  code  of  1906  (sec- 
tion 7846  Hemingway  code),  be,  and  the  same  is  hereby 
amended  so  as  to  read  as  follows : 

Books  Furnished  to  be  Equal  to  Specimen  Copies.  The 
books  furnished  under  any  contract  shall  at  all  times  during 
the  existence  of  the  contract  be  equal  to,  in  all  respects,  the 
specimen  of  sample  copies  furnished  with  bids ;  and  it  shall 
be  the  duty  of  the  State  Superintendent  of  Education  to 
preserve  in  his  office  as  the  standard  of  quality  and  excel- 
lence to  be  maintained  in  such  books  during  the  continuance 
of  said  contract,  sample  copies  of  all  books  which  have  been 
the  basis  of  any  contract,  together  with  the  original  bid,  and 
the  contractor  shall  furnish  like  samples  or  specimen  copies 
of  books  to  the  different  county  superintendents  of  educa- 
tion, which  shall  be  preserved  by  them  in  like  manner  and 
the  same  shall  always  be  open  to  inspection  by  the  public. 
The  retail  price  and  the  exchange  price  of  each  book  adopted 
shall  be  either  printed  on  the  back  or  indelibly  stamped  on 
the  first  page.  And  the  commission  shall  not  in  any  case 
contract  with  any  person  or  publisher  for  books  to  be  used 
in  the  public  schools  of  the  state  at  a  price  above  or  in  excess 
of  the  price  at  which  such  book  or  books  are  furnished  by 
said  person  or  publisher  under  any  contract  entered  into 
after  September  1,  1919  to  any  state,  county,  or  school  dis- 
trict in  the  United  States  under  like  conditions  prevailing  in 
the  state  and  under  this  chapter,  as  to  the  method  of  distrib- 
uting the  books  to  the  consumer.  And  it  shall  be  stipu- 
lated in  each  contract  that  the  contractor  is  not  now  furnish- 
ing under  any  contract  entered  into  after  September  1,  1919, 
any  state,  county,  or  school  district  in  the  United  States 
where  like  conditions  as  are  now  prevailing  in  this  state  and 
under  this  chapter,  as  to  the  method  of  distributing  the 
books  to  the  consumers,  the  same  book  or  books  at  a  price 
less  than  the  price  stipulated  in  the  said  contract,  and  the 


162  TEXT-BOOKS 

commission  is  hereby  authorized  and  directed,  at  any  time 
that  they  may  find  that  any  book  is  being  furnished  at  a 
lower  price  under  contract  entered  into  after  September  1, 
1919,  to  any  state,  county,  or  school  district  as  aforesaid,  to 
sue  upon  the  bond  of  said  contractor  for  the  recovery  of  the 
difference  between  the  contract  price  and  the  lower  price  at 
which  they  find  the  book  or  books  have  been  sold,  and 
should  any  contractor  fail  to  execute  the  terms  and  provi- 
sions of  his  contract  specifically,  said  commission  is  hereby 
authorized,  empowered  and  directed  to  bring  suit  in  the 
name  of  the  state  of  Mississippi  upon  the  bond  of  such  con- 
tractor for  the  recovery  of  all  damages  for  the  benefit  of 
the  public  school  fund,  but  nothing  herein  provided  shall  be 
construed  so  as  to  prevent  said  commission  and  any  con- 
tractor from  agreeing  in  any  manner  to  change,  alter  or 
amend  any  contract,  provided  eight  members  of  said  com- 
mission shall  agree  and  think  it  advisable  and  for  the  best 
interests  of  the  public  schools  of  the  state  to  make  such 
change,  alteration,  or  amendment 

Sec.  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
this  act  are  hereby  repealed. 

Sec.  3  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  April  3,  1920. 

CHAPTER  53. 
HOUSE  BILL  No.  286. 

AN  ACT  to  appropriate  the  sum  of  one  thousand  eight  hundred  dol- 
lars to  defray  the  expenses  of  the  Mississippi  text  book  commis- 
sion. 

To  defray  expenses  of  textbook  commission. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  sum  of  one  thousand  eight 
hundred  dollars,  or  so  much  thereof  as  may  be  necessary,  be 
and  the  same  is  hereby  appropriated  out  of  the  state  treas- 
ury from  any  funds  not  otherwise  appropriated,  to  be  used 
to  defray  the  expenses  of  the  Mississippi  text  book  commis- 
sion for  a  period  of  five  years,  including  the  year  1920  and 
the  year  1924.  That  said  appropriation  shall  be  drawn  out 
of  the  state  treasury  by  order  of  the  state  board  of  education 
on  state  auditor's  warrant  on  the  state  treasurer  in  favor  of 


TEXT-BOOKS  168 

the  text  book  commissioners  and  the  state  superintendent  of 
education  shall  make  an  itemized  report  of  all  expenditures 
under  this  act  to  the  governor  prior  to  the  meeting  of  each 
legislature  during  the  years  above  specified,  and  that  same 
shall  be  transmitted  to  the  legislature  by  the  governor. 

Sec.  2.     That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage 

Approved  March  25,  1920. 

Sec.  7847  Hemingway's  Code. 

4604.  State  not  liable  to  any  contractor. — It  shall  al- 
ways be  a  part  of  the  terms  and  conditions  of  every  contract 
made  in  pursuance  of  this  chapter  that  the  State  of  Missis- 
sippi shall  not  be  liable  to  any  contractor,  in  any  manner, 
for  any  sum  whatsoever,  but  all  such  contractors  shall  re- 
ceive their  pay  and  compensation    solely    and    exclusively 
from  the  proceeds  of  the  sale  of  books  as  herein  provided. 

Sec.  7848  Hemingway's  Code. 

4605.  Bids  may  be  rejected. — The  said  text-book  com- 
mission shall  have  and  reserve  the  right  to  reject  any  and 
all  bids  or  proposals  if  they  shall  be  of  the  opinion  that  same 
should  be  rejected.      And  in  case  they  fail  to  select  or  adopt 
any  book  or  books  upon  any  of  the  branches  mentioned  in 
a  previous  section  of  this  chapter  from  the  among  the  bids 
or  proposals  submitted,  they  may  readvertise  for  sealed  bids 
or  proposals  under  the  same  terms  or  conditions  as  before, 
and  proceed  in  their  investigation  in  all  respects  as  they  did 
in  the  first  instance  and  as  required  in  the  terms  and  pro- 
visions herein  set  forth.      And  it  is  provided  further  that 
any  person,  firm  or  corporation  now  doing  business  or  pro- 
posing to  do  business  in  the  State  of  Mississippi  shall  have 
the  right  to  bid  for  the  contract  to  be  awarded  under  this 
chapter,  and  may  submit  in  writing  bid  or  bids  to  edit  or 
have  edited,  published  and  supply  for  use    in    the    public 
schools  in  this  state  any  book  or  books  herein  provided  for, 
or  they  may  submit  books  the  equal  of  which  in  every  way 
they  propose  to  furnish,  and  they  shall  accompany  their  bid 
with  the  cash  deposit  and  execute  a  contract  and  bond  and 
be  subject  to  the  same  conditions  and  restrictions  as  herein- 
before, provided. 


164  TEXT-BOOKS 

CHAPTER  219. 
LAWS  1910. 

Sec.  7849  Hemingway's  Code. 

4606.  Contractor  to  establish  book  depositories. — The 
successful  bidder  or  contractor  shall  establish  and  maintain 
•one  or  more  depositories  in  this  state,  to  be  designated  by 
the  commission,  where  a  stock  or  supply  of  the  books  suffi- 
cient to  meet  all  the  immediate  demands  shall  be  kept.  There 
shall  also  be  maintained  in  each  county  in  this  state  two  or 
more  agencies  for  the  distribution  of  the  books  contracted 
for  and  one  of  the  distributing  points  shall  be  the  county 
site,  and  where  there  are  two  county  sites  in  a  county  a  dis- 
tributing point  shall  be  maintained  at  each;  and  said 
agencies  shall  sell  to  all  persons  desiring  to  purchase  said 
books  to  the  patrons  of  the  public  schools ;  and  the  contractor 
shall  make  arrangements  with  two  or  more  booksellers  or 
merchants  in  towns  of  two  thousand  or  more  inhabitants 
that  may  apply  for  agencies  to  handle  and  distribute  the 
books  at  said  places  provided  that  such  applicant  for  any 
agency  shall  execute  and  tender  to  said  contractor  a  valid 
contract  and  bond  conditioned  for  the  faithful  and  efficient 
performance  of  his  trust  as  the  agent  of  said  contractor,  and 
provided  further,  that  said  contractor  and  said  applicant 
for  said  agency  agree  as  to  the  terms  and  conditions  of  said 
agency,  or  contract,  and  the  amount  of  said  bond ;  and  it 
shall  be  unlawful  for  said  contractor,  either  directly  or  in- 
directly, to  give  to  any  applicant  complying  with  the  provi- 
sions of  this  act  any  advantage  over  another  in  the  contract 
or  terms  of  such  agency.  All  books  shall  be  sold  to  the  con- 
sumer at  the  retail  contract  price  and  in  each  book  shall  be 
printed  the  following:  "The  price  fixed  hereon  is  by  state 
contract  and  any  excess  thereon  shall  be  reported  to  the 
county  superintendent,  or  state  superintendent  of  education 
at  Jackson,  Mississippi." 

Chap.  219,  Laws  191 1.  Sec.  7850  Hemingway's  Code. 

Apply  only  to  future  contracts. — 2.  That  this  act  shall 
apply  to  all  contracts  hereafter  made  by  the  commission, 
but  that  it  shall  have  no  force  and  effect  as  to  contracts  now 
in  existence. 


TEXT-BOOKS  165 

CODE  1906. 

Sec  7851  Hemingway's  Code. 

4607.  Damages  for  failure  to  meet  demand  for  books. 
—It  is  expressly  provided  that  should  any  contractor  fail  to 

furnish  the  books  sufficient  to  meet  the  demand  and  at  the 
prices  designated,  or  otherwise  fail  to  comply  with  the  con- 
tract in  addition  to  the  right  of  the  state  to  sue  on  the  bond 
as  hereinbefore  required,  the  county  superintendent  of  ed- 
ucation in  any  county  of  the  state  where  such  breach  of  con- 
tract may  be  made,  may  bring  suit  for  damages  in  the  name 
of  the  State  of  Mississippi  in  the  proper  court  of  the  county 
wherein  he  resides,  for  the  use  and  benefit  of  the  school 
fund  of  the  county,  and  in  all  cases  arising  hereunder  serr 
vice  of  process  may  be  had  and  deemed  sufficient  on  any 
agent  of  the  contractor  in  this  state. 

Sec.  7852  Hemingway's  Code. 

4608.  Commission  to  enforce  provisions. — Said  com- 
mission may  make  any  necessary  regulations  not  contrary 
to  the  provisions  herein  mentioned  to  secure  the  prompt  dis- 
tribution of  the  books  herein  provided  for,  and  the  prompt 
and  faithful  execution  of  all  contracts,  and  it  is  expressly 
provided  that  said  commission  shall  maintain  its  organiza- 
tion during  the  five  years  of  the  continuance  of  this  con- 
tract. 

Sec.  7853  Hemingway's  Code. 

4609.  State  superintendent  to   notify    county   super- 
intendents.— As  soon  as  practicable  after  the  adoption  of 
the  text-books  the  state  superintendent  shall  issue  a  circular 
letter  to  each  of  the  county  superintendents  of  education  in 
this  state  and  to  such  teachers  and  other  persons  as  he  may 
desire,  stating  the  list  of  books  adopted,  the  prices,  location 
of  agencies,  and  such  other  information  as  he    may    deem 
necessary. 

Sec.  7854  Hemingway's  Code. 

4610.  Books  adopted  to  supplant  all  others — Excep- 
tions.— The  books  adopted  as  a  uniform  series  of  text-books 
shall  be  introduced  and  used  as  text-books  to  the  exclusion 
of  all  others  in  the  public  schools  of  this  state,  and  continue 
to  be  used  for  five  years  as  said  textbooks,  except  as  herein 
provided  for  the  change  of  said  books  as  the  commission 
may  deem  advisable  for  the  best    interests    of    the    public 
schools  of  this  state ;  provided,  that  nothing  in  this  chapter 


166  TEXT-BOOKS 

shall  be  construed  to  prevent  the  use  of  supplementary 
books,  but  such  supplementary  books  shall  not  be  used  to  the 
exclusion  of  the  books  adopted  under  the  provisions  of  this 
chapter;  provided,  further,  that  nothing  herein  provided 
shall  prevent  the  teaching  in  any  of  the  public  schools  of  this 
state  any  branch  higher  or  more  advanced  than  is  embraced 
in  any  previous  section  of  this  chapter  nor  the  using  of  any 
books  upon  such  higher  branch  of  study;  provided,  that 
such  branch  shall  not  be  taught  to  the  exclusion  of  the 
branches  mentioned  and  set  forth. 

Sec.  7855  Hemingway's  Code. 

4611.  Penalty  for   violating    text-book   provisions. — 
Any  person  violating  the  provisions  of  the  law  on  the  sub- 
ject of  uniform  text-books  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  be  punished  by  a  fine  of  not  less  than 
ten  dollars  nor  more  than  fifty  dollars. 

Sec.  7856  Hemingway's  Code. 

4612.  Penalty  for  teaching  other  books. — Any  teacher 
who  shall  use  or  permit  to  be  used  in  his  or  her  school  any 
text-book  upon  the  branches  embraced  in  this  chapter  other 
than  the  ones  adopted  by  said  text-book  commission  upon 
said  branch  as  hereinbefore  provided,  shall  be  guilty  of    a 
misdemeanor,  and  upon  cvonvictipn,  shall  be  punished  as 
provided  for  in  the  preceding  section. 

Sec.  7857  Hemingway's  Code. 

4613.  Penalty  for  demanding    more     than    contract 
price. — If  any  local  agent,  clerk,  dealer,  or    other    person 
handling  or  selling  the  books  adopted  under  the  provisions 
of  this  law  shall  demand  or  receive  in  cash  more  than  the 
contract  price  for  any  of  the  books  herein  provided  for,  he 
shall  be  guilty  of  a  misdemeanor,    and,    upon    conviction, 
shall,  for  each  offense,  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  five  hundred  dollars. 

Sec,  7858  Hemingway's  Code. 

4614.  Commission  to  keep  a  journal  of  its  proceed- 
ings.— The  commission  is  required  to  keep  a  journal  of  its 
proceedings,  which  journal  shall,  at  the  close  of  each  meet- 
ing, be  signed  by  the  president  and  secretary  of  the  com- 
mission, and  when  the  text-books  shall  have  been  adopted 
according  to  the  provisions  of  this  chapter,  the  journal  shall 
be  filed  in  the  office  of  the  secretary  of  state,  and  a  separate 


TEXT-BOOKS  167 

journal  shall  be  kept  of  subsequent  meetings,  which  journal 
shall  be  filed  in  the  office  of  the  secretary  of  state. 

Sec.  7859  Hemingway's  Code. 

4615.  Commission  can    not    extend     contract. — The 
members  of  the  commission  provided  for  by  section  7837 
shall  hold  their  office  for  five  years  from  the  date  of  their 
appointment  and  until  their  successors  are  duly  appointed 
and  qualified,  ancl  shall  have  no  power  to  extend  any  con- 
tract made  by  them,  but  their  successors,  duly  appointed 
and  qualified  as  provided  for  by  section  7837,  shall  be  au- 
thorized and  directed  to  execute  a  new  contract  on  the  same 
terms  and  conditions  as  is  provided  hereunder. 

Chap.  219,  Laws  1910.  Sec.  7860  Hemingway's  Code. 

4616.  Members  of  commission  not  to  accept  employ- 
ment or  receive  gifts  or  donations  from  book  dealers — Pen- 
alty.— It  shall  be  unlawful  for  any  member  of  the  school- 
book  commission  during  the  term  of  his  appointment     or 
office  to  accept  or  receive  from  any  school-book  company, 
firm,  corporation,  or  agent,  any  employment,  retainer,  com- 
pensation, reward,  emolument,  gift,  or  donation,  directly  or 
indirectly,  except  books  actually  submitted  for  inspection 
with  the  bona  fide  view  of  securing  their  adoption ;  and  it 
shall  be  unlawful  for  any  school-book  company,  firm,  corpo- 
ration or  agent  to  employ  or  retain  or  offer  to  employ  or  re- 
tain any  member  of  such  commission,  or  to  pay  or  to  offer 
to  pay  any    compensation,  reward,    or  emolument  to    any 
member  of  such  commission,  or  to  give  or  offer  to  give  any 
donation  to  any  member  of  such  commission,  except  books 
or  school  apparatus  actually  submitted  for  inspection,  with 
the  bona  fide  view  of  securing  their  adoption.      Any  viola- 
tion of  this  section  shall  be  punishable  by  a  fine  of  not  more 
than  one  thousand  dollars  or  by  imprisonment  in  the  peni- 
tentiary for  not  more  than  two  years,  or  both. 

Sec.  7862  Hemingway's  Code. 

4618.  Compensation  and  mileage  of  commissioners. — 
The  superintendent  of  public  education  shall  serve  on  the 
commission  without  compensation,  and  the  other  members 
of  the  commission  shall  be  paid  the  sum  of  five  dollars  per 
day  during  the  time  they  are  actually  employed,  not  to  ex- 
ceed thirty  days,  and,  together  with  the  superintendent  of 
public  education,  shall  receive  ten  cents  a  mile  for  each  mile 
actually  traveled  from  their  homes  to  the  place  of  meeting 


168  TEXT-BOOKS 

and  return,  and  all  necessary  expenses  for  advertising,  to  be 
paid  out  of  the  general  school  fund,  and  they  shall  each 
make  and  swear  to  a  statement  of  the  number  of  miles 
traveled,  and  the  number  of  days  actually  employed. 

Sec.  7863  Hemingway's  Code. 

4619.  When  contract  forfeited. — In  case  of  the  fail- 
ure of  any  contractor  to  furnish  the  books  provided  for  in 
his  contract,  then  his  bond  shall  be  declared  forfeited  and 
the  commission  is  authorized  and  empowered  to  make  such 
other  contract  for  the  unexpired  term  with  any  person,  firm 
or  corporation  to  provide  and  furnish  such  books  as  they 
may  deem  advisable  for  the  best  interest  of  the  state. 

Sec.    7864    Hemingway's    Code. 

4620.  When  commissioners  shall  be  disqualified   to 
vote  on  contracts. — If  any  person  related  within  the  third 
degree  by  blood  or  marriage  to  any  member  of  the  school- 
book  commission,  or  is  associated  in  any  business  or  part- 
nership with  any  member  of  said  commission,  shall  be  em- 
ployed in  good  faith  by  any  school-book  company,  firm,  cor- 
poration or  agent  in  connection  with  the  adoption  of  school- 
books  in  this  state,  the  member  of  said  commission  so  re- 
lated by  blood  or  marriage,  or  so  associated  in  business  with 
such  person,  shall  not  vote  for  the  adoption  of  any  school- 
book  offered  for  adoption  by    such    school-book    company, 
firm,  corporation  or  agent. 


SIXTEENTH  SECTIONS  169 


SIXTEENTH  SECTIONS. 

Sec.    7505    Hemingway's    Code. 

4695.  Titles  to  be  investigated  and  established. — The 
board  of  supervisors  of  each  county  wherein  is  situated  a 
sixteenth  section  of  land,  or  a  part  of  such  a  section,  or  an- 
other section  or  part  of  another  section  taken  in  lieu  of  any 
sixteenth  section  or  part  thereof,  reserved  for  the  support 
of  township  schools,  employ  one  or  more  competent  persons 
for  that  purpose,  and  shall  take  all  such  further  action  as 
shall  be  necessary  to  ascertain  the  true  condition  of  the  title 
to  each  parcel  of  such  land  in  its  county,  and  to  establish 
and  confirm  the  same,  fixing  in  each  case  the  date  of  the  ex- 
piration of  any  lease  thereof. 

Code  1892. 

A  suit  is  maintainable  by  a  county  under  tihs  section  where  the 
defendant  claims  the  sixteenth  section  in  fee  simple  under  a  deed 
from  the  lessee,  though  the  land  was  not  sold  by  the  county  officials. 
Carroll  County  v.  Jones,  71  Miss.  947,  15  So.  106. 

Employment  generally  of  counsel  by  the  year  by  the  board  of  su- 
pervisors, under  Code  1892,  §  293  (Code  1906,  §  312),  in  no  way  de- 
prives it  of  specially  employing  a  different  lawyer  to  investigate  the 
special  matter  of  title  to  sixteenth  section  school  lands  and  to  bring 
suit  to  confirm  title  thereto.  Warren  County  v.  Dabney,  81  Miss.  273^ 
32  So.  908. 


Code  1906. 

The  title  to  the  sixteenth  section  of  land  is  in  the  state,  in  trust  for 
the  support  of  the  public  schools  of  the  township  wherein  the  same  is 
situated.  Jefferson  Davis  County  v.  James- Sumrall  Lumber  Co.,  94 
Miss.  530,  49  So.  611. 

Code  1906,  §§  4695-4716,  is  within  the  power  of  the  state  and  is  not 
a  delegation  of  power  within  the  rule  prohibiting  the  delegation  of 
power,  for  a  "county"  is  a  mere  political  subdivision  of  the  state, 
created  to  act  for  the  state  in  local  matters,  and  the  state^  in  thus 
dealing  with  the  sixteenth  section  of  land,  acts  through  a  govern- 
mental agency.  Jefferson  Davis  County  v.  James-Sumrall  Lumber  Co., 
94  Miss.  530,  49  So.  611. 

Code  1906,  §§  4695-4716,  confer  on  the  counties  all  powers  neces- 
sary to  carry  out  the  purpose  of  the  grant  of  jurisdiction  and  control, 


170  SIXTEENTH  SECTIONS 

and  a  county  may  sue  for  waste  commited  in  cutting  timber  from  a 
sixteenth  section.  Jefferson  Davis  County  v.  James-Sumrall  Lumber 
Co.,  94  Miss.,  530.  49  So.  611. 

Sec.    7506    Hemingway's    Code. 

4696.  Abstracts  of  title. — A  complete  abstract  of  title 
shall  be  made  of  each  parcel  of  said  land ;  and  such  abstract 
shall  contain  references,  by  book  and  page,  to  the  acts  of 
congress,  the  acts  of  the  legislature,  and  to  all  records  relat- 
ing thereto ;  and  every  such  abstract  shall  be  duly  certified 
and  recorded  in  the  record  of  deeds,  and  be  styled  and  in- 
dexed under  the  head  of  "Sixteenth  Sections,  T. — = — ,  R. — ;" 
and  it  shall  be  so  styled  and  indexed  whether  the  land  be  in 
a  sixteenth  section  or  in  another  section  taken  in  lieu  of  it ; 
and  the  original  shall  be  deposited  in  the  land  office. 

Sec.    7508    Hemingway's    Code. 

4698.  Suits  to  establish  title  and  settle  disputes.— It 
is  the  duty  of  the  board  of  supervisors,  and  of  such  compe- 
tent person  or  persons  so  employed,  in  the  name  of  the  coun- 
ty, and  the  privilege  of  any  person  interested,  to  institute 
and  prosecute  to  effect,  in  the  chancery  court  of  the  county 
where  the  land  lies,  all  necessary  suits  to  establish  and  con- 
firm the  title  to  each  parcel  of  such  land  and  to  fix  the  date 
of  the  expiration  of  any  lease  of  the  same ;  and  if  any  per- 
son claim  any  of  said  lands  in  fee  simple,  or  upon  any  other 
terms  than  that  of  a  lease  to  expire  at  a  fixed  date,  with  ab- 
solute reversion  to  the  state  in  trust,  or  if  the  title  to  such 
lands  rest  in  parol,  by  destruction  of  records  or  otherwise, 
suit  shall  be  instituted  at  once,  or  as  soon  as  practicable,  to 
test  the  legality  of  such  claims  or  to  re-establish  the  lost 
record. 

Code  1892. 

The  interest  referred  to  in  this  section  is  that  of  a  citizen  in  a  civil 
subdivision  in  the  assertion  of  the  rights  of  the  public  and  not  the 
interest  of  an  owner  or  lessee  of  the  lands.  Such  owner  or  lessee  can 
not  bring  this  action  in  his  own  behalf.  Osburn  v.  Hinds  County,  71 
Miss.  19,  14  So.  457. 

Compliance  by  the  board  of  supervisors  with  the  requirements  of 
Code  1892,  §§  4144,  4145,  4146  (Code  1906,  §§  4695,  4696%  4697),  being 
for  the  benefit  of  the  public,  is  not  a  prerequisite  to  bringing  suit 
under  this  section  to  establish  and  confirm  the  title.  Wright  v.  Lau- 
derdale  County,  71  Miss.  800,  15  So.  116. 


SIXTEENTH  SECTIONS  171 

Notwithstanding  Code  1892,  §  501  (Code  1906,  §  551),  it  is  sufficient 
in  a  suit  under  this  section  in  behalf  of  the  county  to  aver  reservation 
of  title  by  the  United  States  for  school  purposes  and  that  the  legal 
title  remains  in  the  United  States,  affected  with  the  public  trust  for 
support  of  schools  in  the  township.  Wright  v.  Lauderdale  County,  71 
Miss.  800,  15  So.  116. 

Carroll  County  v.  Jones,  71  Miss.  947,  15  So.  106;  Warren  County 
v.  Dabney,  81  Miss.  273,  32  So.  908. 

Sec.    7509    Hemingway's    Code. 

4699.  Rule  of  evidence. — Adverse  possession  for  a 
period  of  twenty-five  years,  under  a  claim  of  right  or  title, 
shall  be  prima  facie  evidence  in  such  case  that  the  law  au- 
thorizing the  disposition  of  the  lands  had  been  complied 
with  and  the  lease  or  sale  duly  made.  If  the  claim  be 
under  a  lease,  the  time  at  which  the  lease  expires  shall  be 
fixed  by  the  court. 

Code  1892. 

This  section  is  not  confined  to  cases  in  which  a  lease  has  in  fact 
been  made  and  such  lease  is  attacked  because  of  alleged  infirmity 
growing  out  of  absence  of  evidence  in  compliance  with  the  law.  Car- 
roll County  v.  Estes,  72  Miss.  171,  16  So.  908. 

Wherever  there  has  been  adverse  possession  for  twenty-five  years 
under  a  paper  title,  purporting  to  assign  a  lease,  the  statute  applies. 
Carroll  County  v.  Estes,  72  Miss.  171,  16  So.  908. 

To  the  same  effect,  see  Amite  County  v.  Steen,  72  Miss.  567,  17  So. 
930;  and  Forsdick  v.  Tallahatchie  County,  76  Miss.  622,  24  So.  962. 

In  the  absence  of  sufficient  evidence  a  lease  of  a  sixteenth  section 
by  school  trustees  will  not  be  presumed.  Wetter  v.  Monroe  County, 
74  Miss.  682,  22  So.  188. 

No  presumption  that  the  sixteenth  section  has  been  leased  will  be 
indulged  in  support  of  a  tax  deed,  Code  1892,  §  1806  (Code  1906%  § 
1983),  as  to  prima  facie  effect  of  tax  deeds,  being  without  applica- 
tion is  such  case.  Leflore  County  v.  Bush,  76  Miss.  551,  25  So.  351,  dis- 
tinguishing Chamberlain  v.  Lawrence,  71  Miss.  949,  15  So.  40. 

No  presumption  of  sale  or  lease  of  school  land  is  indulged  except 
that  arising  under  his  section.,  Leflore  County  v.  Bush,  76  Miss.  551, 
25  So.  351. 

A  sale  in  fee  of  the  sixteenth  section  school  lands  has  never  been 


172  SIXTEENTH  SECTIONS 

authorized  by  law  in  this  state.  Weiler  v.  Monroe  County,  76  Miss. 
492,  25  So.  352,  explaining  Weiler  v.  Monroe  County,  74  Miss.  682,  22 
So.  188. 

The  statute  of  limitations  does  not  run  against  the  reversion  in  a 
sixteenth  section  during  the  existence  of  a  lease.  Weiler  v.  Monroe 
County,  76  Miss.  492,  25  So.  352. 

See  Sexton  v.  Coahoma  County,  8-6  Miss.  380,  38  So.  636. 

Sec,    7510    Hemingway's    Code. 

4700.  Lands  to  be  leased. — None  of  such  lands  shall 
ever  be  sold,  but  they  shall  be  leased;  those  not  in  a  city, 
town,  or  vilage  for  a  term  not  exceeding  fifteen  years,  and 
those  in  a  city,  town,  or  village  for  a  term  not  exceeding 
twenty-five  years,  on  condition  of  the  payment  anually  of 
the  rent  reserved.  No  timber  shall  be  cut  or  used  by  the 
lessees  except  for  fuel  and  necessary  repairs  and  improve- 
ment on  the  land. 

Code  1892. 

Lease  holders  or  other  private  interests  of  persons  in  sixteenth 
sections  of  land  in  this  state  are  subject  to  taxation.  Street  v.  Col- 
umbus, 75  Miss.  822,  23  So.  773. 

A  tenant  for  years  cutting  standing  timber  on  a  sixteenth  section 
for  sale  is  guilty  of  waste.  Warren  County  v.  Gans,  80  Miss.,  76,  31 
So.  539. 

And  such  timber  may  be  replevied  oy  the  county  under  the  pro- 
visions of  this  chapter,  the  land  having  been  leased  in  1834  for  ninety- 
nine  years  under  the  laws  of  this  state  then  in  force.  Warren  County 
v.  Gans,  80  Miss.  76,  31  So.  539. 

A  bill  in  equity  to  recover  for  waste  simply  averring1  that  the 
school  authorities  had  leased  the  land,  that  the  lessee  had  assigned  the 
lease  and- that  defendant  held  under  it,  is  demurrable  for  a  failure  to 
show  the  term  of  the  lease,  when,  where,  by  whom  and  to  whom  it 
was  made.  Adams  v.  Griffin,  85  Miss.  1,  37  So.  457. 

Code  1906. 

The  cutting  of  timber  for  commercial  purposes  from  the  six- 
teenth section  leasehold  is  waste,  notwithstanding  a  claim  that  the 
timber  was  cut  and  sold  for  agricultural  purposes.  Jefferson  Davis 
County  v.  James-Sumrall  Lumber  Co.,  94  Miss.  530,  49  So.  611. 


SIXTEENTH  SECTIONS  173 

The  good  faith  of  a  tenant  of  the  sixteenth  section  of  land  in 
clearing  up  portions  of  it  for  cultivation  is  for  the  jury.  Jefferson 
Davis  County  v.  James-Sumrall  Lumher  Co.,  94  Miss.  530,  49  So.  611. 

A  tenant  of  the  sixteenth  section  land  may  clear  up  for  cultiva- 
tion such  portion  of  it  as  a  prudent  owner  in  fee  would  clear  for  that 
purpose,  provided  he  leaves  enough  timber  necessary  for  the  perma- 
nent use  and  enjoyment  of  the  inheritance,  but  he  must  do  this  in  good 
faith,  or  he  may  be  guilty  of  waste.  Jefferson  Davis  County  v.  James  • 
Sumrall  Lumber  Co.,  94  Miss.  530,  49  So.  611. 

Since  it  is  unlawful  for  the  lessee  of  a  sixteenth  section  of  state 
land  to  sell  for  commercial  purposes  the  timber  standing  thereon,  the 
warranty  in  a  sale  of  such  timber  by  the  lessee  is  broken  when  made, 
and  an  action  for  such  breach  at  once  lies,  without  any  hostile  asser- 
tion of  the  paramount  title.  Jackson  Naval  Stores  Co.  v.  Tootle,  96 
Miss.  486,  51  So.  801;  Moss  Point  Lumber  Co.  v.  Harrison  County,  89 
Miss.  448,  42  So.  290,  873. 

(1817,  art.  VI,  §  20.) 

Purchaser  at  a  tax  sale  of  leasehold  interest  in  sixteenth  section 
land  acquired  only  the  soil,  where  the  lessee  had  sold  the  timber  to 
one  who  paid  the  taxes  thereon.  Caston  v.  Pine  Lumber  Co.,  110  Miss. 
165,  69  So.  668. 

Sec.  7511  Hemingways  Code. 

4701.  Counties  to  have  control. — The  several  counties 
wherein  are  situated  any  of  such  lands  have,  through  their 
respective  boards  of  supervisors,  under  the  general  supervi- 
sion of  the  land  commissioner,  jurisdiction  and  control 
thereof,  and  of  all  funds  arising  from  any  disposition  there- 
of heretofore  or  hereafter  made;  and  shall  cause  all  such 
funds  to  be  paid  into  their  respective  treasuries,  and  all 
notes,  bonds,  and  other  securities  for  the  same  to  be  turned 
over  to  the  county  treasurers  and  duly  collected.  All  funds 
derived  from  such  lands  shall  be  credited  to  the  proper 
township  and  each  treasurer  shall  keep  a  separate  account 
with  each  township.  Such  funds  shall  not  be  expended 
otherwise  than  for  the  purpose  of  education  within  the 
township  to  which  they  belong  but  the  board  of  supervisors 
may  appropriate  the  funds  for  the  erection  of  necessary 
buildings  and  improvements  upon  the  land.  The  whole  of 
the  funds  derived  from  annual  payments  of  rents  may  be 
expended,  but  only  the  interest  of  other  funds.  The  boards 
of  supervisors  may  require  additional  bonds  from  the  coun- 


174  SIXTEENTH  SECTIONS 

ty  treasurers  to  protect  such  funds,  but  they  shall  be  liable 
therefor  on  their  offical  bonds.  All  securities  heretofore 
taken  for  any  such  funds  shall  be  delivered  to  the  county 
treasurer  and  collected  as  in  other  cases. 


Schools,  see  §  7386. 


Code  1906. 


Under  Code  1906,  §  4701,  an  unliquidated  claim  for  wrongfully 
cutting  timber  on  sixteenth  section  lands  was  not  within  the  provisions 
of  Const.  1890,  §  100,  and  hence  the  supervisors  had  full  authority  to 
settle  such  claim.  Eastman,  Gardiner  &  Co.  v.Adams,  101  Miss.  460, 
58  So.  221. 

CHAPTER  220. 
LAWS  1910. 

Sec.  7512  Hemingway's  Code. 

4702.  May  sell  timber. — That  the  board  of  supervis- 
ors in  counties  having  control  of  any  sixteenth  section  of 
land,  or  a  part  of  such  section  or  of  another  section  or  part 
of  a  section  taken  in  lieu  of  any  sixteenth  section  or  a  part 
thereof,  reserved  for  the  support  of  township  schools,  be, 
and  they  are  hereby  authorized  and  empowered,  to  sell  the 
merchantable  timber  of  any  and  all  varieties  and  wood  and 
gravel  and  acid  iron  earth,  on  such  land,  or  to  lease  for  a 
term  not  exceeding  three  years  said  lands  for  turpentine, 
or  pasturage  purposes  for  a  term  not  exceeding  one  year. 
The  funds  arising  from  the  sale  of  such  timber  or  wood  or 
gravel  or  acid  iron  earth  or  from  the  lease  for  turpentine  or 
pasturage  purposes  shall  be  credited  to  the  proper  township, 
and  the  treasurer  shall  keep  a  separate  account  with  each 
township.  Such  funds  shall  not  be  expended  but  shall  be 
loaned  out  by  the  boards  of  supervisors  in  the  same  manner 
and  under  the  same  restrictions  as  provided  by  law  for  the 
loan  and  security  of  other  sixteenth  section  funds.  The  in- 
terest arising  from  such  funds  shall  be  expended  for  the 
support  of  the  township  schools  as  is  provided  by  law  for 
the  expenditure  of  the  interest  on  other  sixteenth  sections. 

Code  1906. 

Under  Const.  1890,  §  211,  limiting  the  time  for  which  the  state 
can  part  with  control  of  school  lands,  and  under  Code  1906,  §  4702 


SIXTEENTH  SECTIONS  175 

(§  7512,  this  Code),  authorizing  the  board  of  supervisors  to  sell  the 
timber  on  such  lands,  the  supervisors  may  permit  the  purchaser  to 
enter  the  land  to  remove  the  timber,  and  to  burden  the  land  with  the 
support  thereof  until  removed,  but  they  can  not  grant  him  an  indefi- 
nite length  of  time.  Dantzler  Lumber  Co.  v.  State,  97  Miss.  355,  53 
So.  1;  State  v.  Blodgett,  110  Miss.  768,  70  So.  710;  State  v.  Dunnam, 
67  So.  461,  not  officially  reported. 

Under  Code  1906,  §  4702,  empowering  county  supervisors  con- 
trolling school  lands  to  sell  the  merchantable  timber  thereon,  a  cor- 
poration may  lawfully  acquire  and  dispose  of  such  timber  for  com- 
mercal  purposes.  Southern  Plantations  Co.  v.  Kennedy  Heading  Co., 
104  Miss.  131,  61  So.  166. 

Since  under  Code  1906,  §  4702,  a  corporation  may  acquire  the 
right  to  cut  timber  from  sixteenth  section  land  for  commercial  pur- 
poses, its  warranty  that  it  had  the  right  to  sell  the  timber  for  such 
purposes,  with  an  agreement  that  in  the  event  it  had  no  such  right  to 
acquire  it  for  the  benefit  of  the  buyer  when  called  on  to  do  so,  and 
in  default  thereof  to  refund  the  purchase-money,  was  not  void  as  be- 
ing an  agreement  to  protect  the  buyer  in  any  illegal  act.  Southern 
Plantations  Co.,  v.  Kennedy  Heading  Co.,  104  Miss.  131,  61  So.  166. 

A  warranty  expressly  covering  all  of  the  timber  on  a  tract  can 
not  be  restricted  by  implication  because  of  recitals  in  other  parts  of 
the  deed,  unless  the  intention  to  do  so  is  expressed  in  unambiguous 
language,  and  the  fact  that  the  deed  on  its  face  shows  a  part  of  the 
land  is  sixteenth  section  land  is  immaterial  to  the  grantee's  right  to 
recover  for  a  breach  of  warranty.  Southern  Plantations  Co.  v.  Ken- 
nedy Heading  Co.,  104  Miss.  131,  61  So.  166. 

A  purchaser  of  timber  on  sixteenth  section  land  from  the 
lessee,  who  paid  taxes  for  the  timber  and  subsequently  purchased  it 
from  the  board  of  supervisors,  was  the  owner  of  such  timber  not- 
withstanding sale  of  the  leasehold  interest  for  taxes.  Caston  v.  Pine 
Lumber  Co.,  110  Miss.  165,  69  So.  668. 

CHAPTER  229. 
LAWS  1916. 

Sec.  7513  Hemingway's  Code. 

4703.  How  funds  loaned  and  secured. — That  funds 
arising  from  the  disposition  of  the  sixteenth  sections  now 
on  hand,  and  all  such  as  shall  accrue,  together  with  all  un- 
expended balances  of  annual  rentals  which  shall  accumulate, 


176  SIXTEENTH  SECTIONS 

shall  be  loaned  out  for  terms  not  exceeding  five  years,  to  be 
fixed  by  the  board  of  supervisors,  and  at  a  rate  of  interest 
not  less  than  six  per  centum,  to  be  likewise  fixed,  the  bor- 
rower in  all  cases  securing  the  same  by  a  first  trust  deed 
upon  improved  real  estate,  duly  filed  and  recorded;  but  a 
loan  shall  not  be  made  until  after  the  borrower  shall  have 
furnished,  at  his  own  expense,  a  complete  abstract  of  title 
to  the  land  offered  as  security  for  such  loan,  and  that  the 
certificate  of  the  attorney  for  the  board  of  supervisors  or 
some  reputable  attorney  satisfactory  to  the  board  of  super- 
visors, be  attached  to  said  abstract,  setting  forth  that  in  his 
opinion  the  reputed  owner  has  a  perfect  title  to  said  land 
that  a  trust  deed  executed  properly  will  be  a  first  lien  there- 
on. Provided,  however,  in  all  cases  that  the  board  of  super- 
visors or  a  committee  therefrom  shall  have  first  inspected 
the  proposed  security  and  .appraised  same  at  an  amount 
double  the  value  of  the  proposed  loan,  that  is  to  say,  no  loan 
shall  be  made  for  a  greater  amount  than  one-half  of  the 
actual  value  of  the  land,  to  be  determined  by  appraisement 
by  the  board  of  supervisors  or  its  committee,  and  said  ap- 
praisement to  be  reported  in  writing  and  said  report  record- 
ed on  the  minutes  of  the  board  of  supervisors.  When  said 
loan  is  made  the  recorded  trust  deed  and  the  abstract  of 
title  shall  be  turned  over  to  and  held  by  the  county  treasurer 
or  county  depository  in  which  the  funds  from  which  the 
loan  made  are  deposited.  But  the  board  of  supervisors 
shall  have  the  authority  to  lend  such  funds  to  the  board  of 
trustees  of  any  agricultural  high  school  in  the  county  at  a 
rate  of  interest  heretofore  provided  for  a  term  not  exceed- 
ing twenty  (20)  years,  for  the  erection,  equipment  or  repair 
of  county  agricultural  high  schools.  The  board  of  super- 
visors in  any  county  in  which  sixteenth  section  school  funds 
shall  have  <been  loaned  to  the  board  of  trustees  of  agricult- 
ural high  schools  levy  annually  when  other  taxes  are  levied 
a  special  tax  to  be  used  exclusively  in  paying  the  interest  on 
such  loans  and  in  providing  a  sinking  fund  for  their  redemp- 
tion. If  any  funds  shall  be  loaned  or  invested  in  any  oth- 
er manner,  each  officer  concerned  in  making  such  loan  and 
investment  or  suffering  the  same  to  be  made  in  violation 
of  the  provisions  of  this  section,  shall  be  liable  personally 
and  on  his  official  bond  for  the  safety  of  the  funds  so 
loaned. 


SIXTEENTH  SECTIONS  177 

CHAPTER  142. 
LAWS  1916. 

Sec.  7514  Hemingway's  Code. 

Counties  may  purchase,  hold  and  dispose  of  securities 
pledged  for  loans  from  the  sixteenth  section  funds. — 
1.  The  board  of  supervisors  of  the  respective  counties  in 
the  State  of  Mississippi,  are  hereby  authorized  to  purchase 
any  real  property  or  other  security  pledged  to  any  county 
to  secure  loans  from  the  sixtenth  section  funds  of  any 
county,  at  any  sale  resulting  from  the  default  in  the  pay- 
ment of  the  interest  or  principal  of  any  loan  or  any  part 
thereof,  providing  no  other  bid  or  offer  is  made  at  such 
sale  for  an  amount  equal  to  the  total  amount  of  principal, 
interest  and  all  cost  of  such  sale,  and  the  party  so  making 
such  sale  is  authorized  to  execute  the  proper  deed  of  con- 
veyance for  said  property  to  the  county  so  purchasing  at 
such  sale,  said  property  or  security  to  be  held  by  said 
county  for  the  use  of  sixtenth  section  funds  from  which 
the  loan  or  loans  on  said  security  were  made ;  and  the  board 
of  supervisors  of  the  county  are  hereby  authorized  to  sell, 
rent  or  lease  said  property  or  security  either  at  private  or 
public  sale,  as  the  board  of  supervisors  shall  deem  for  the 
best  interest  of  said  sixteenth  section  funds,  such  sale  or 
leases  to  be  made  for  either  a  cash  consideration  or  part 
cash  and  balance  in  deferred  payments,  in  the  discretion  of 
said  board,  any  balance  in  deferred  payments  not  to  exceed 
two  years  from  date  of  sale  by  said  board  and  the  county 
shall  have  a  lien  on  same  for  purchase-money  as  against  all 
persons  until  paid. 

The  deed  of  conveyance  in  such  cases  shall  be  execut- 
ed in  the  name  of  the  county  by  the  president  of  the  board 
of  supervisors,  pursuant  to  an  order  of  the  board  entered 
on  its  minutes.  The  proceeds  of  all  such  sales,  rents  or 
leases  shall  be  paid  to  the  proper  sixteenth  section  funds 
from  which  the  loan  origniated,  and  for  which  the  security 
so  sold  was  pledged. 

CHAPTER  144. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  4704  of  the  code  of  1906 
be  and  the  same  is  hereby  amended  so  as  to  read  as  follows : 


178  SIXTEENTH  SECTIONS 

How  school  funds  used. — The  available  township 
school  funds  may  be  appropriated  for  the  building  and  re- 
pair of  school  houses  and  the  purchase  of  furniture  for  the 
same  and  all  necessary  school  supplies  other  than  books, 
for  the  supply  of  water  and  fuel,  and  for  the  payment  of 
teachers,  both  by  supplementing  the  salaries  of  teachers 
during  the  public  term  and  the  payment  of  salaries  after 
the  common  school  term  shall  expire,  and  for  clearing  land, 
building  improvements  on,  and  draining  any  16th  section 
lands  of  the  township  to  which  said  available  funds  may  be- 
long. And  in  cases  where  children  in  adjoining  townships 
having  available  school  funds,  attend  the  same  school,  the 
trustees  of  each  township  shall  make  a  list  of  the  educable 
children  attending  such  school  from  each  township  and  file 
the  same  during  the  first  month  of  the  term  with  the  coun- 
ty superintendent  of  education,  to  be  used  by  him  in  de- 
termining the  amount  to  be  paid  by  each  township,  and  all 
such  funds  appropriated  to  pay  or  supplement  the  salaries 
of  teachers  shall  be  paid  out  on  certificate  of  the  county 
superintendent  of  education  and  he  shall  indicate  on  each 
certificate,  the  township  to  which  the  same  shall  be  charged, 
provided,  that  whenever  available  township  funds  shall  be 
used  for  the  building  and  repair  of  schoolhouses  and  the 
purchase  of  furniture  and  supplies  and  the  improvement  of 
lands,  as  provided  in  this  section,  the  same  shall  be  paid  out 
on  allowance  of  the  board  of  supervisors.  And  the  trustees 
of  any  township  having  sixteenth  section  lands  to  lease, 
may,  with  the  approval  of  the  board  of  supervisors,  borrow 
money  to  build  or  make  additions  to  public  school  buildings 
of  the  township,  and  may  pledge  the  rents  arising  from  or 
to  be  derived  from  the  leasing  of  any  sixteenth  lands  in  the 
township  for  the  payment  of  the  said  money  so  borrowed. 
The  money  to  be  borrowed,  and  the  interest  thereon  not  to 
exceed  the  amount  of  the  rent  to  be  received  from  the  leas- 
ing of  the  sixteenth  section  for  six  years,  provided,  that  any 
money  so  borrowed  shall  not  be  borrowed  for  a  greater 
rate  of  interest  than  six  per  cent  per  annum. 

Sec  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

CODE  1906. 

Sec.  7516  Hemingway's  Code. 
4705.     Trustees  of   townships — They   may    determine 


SIXTEENTH  SECTIONS  179 

how  to  use. — The  board  of  supervisors  shall  annually  ap- 
point three  trustees  for  each  township  in  their  respective 
counties  having  school  lands  or  funds,  or  which  ought  to 
have  such  lands  or  funds ;  and  the  trustees  shall  recommend 
to  the  boards  of  supervisors  the  lawful  purposes  for  which 
the  available  school  funds  of  their  township  ought  to  be  ap- 
propriated, and  the  same  shall  be  appropriated  accordingly. 

Sec.  7517  Hemingway's  Code. 

4706.  How  lands  not  in  cities  leased. — It  is  the  duty 
of  the  superintendent  of  education  of  each  county,  with  the 
approval  of  the  board  of  supervisors  and  upon  consent  be- 
ing obtained  as  provided  in  section  6667,  to  lease  the  six- 
teenth section  lands  subject  to  lease  and  not  situated  in  a 
city,  town,  or  village,  by  public  or  private  contract,  as  the 
board  shall  direct,  and  for  the  term  it  shall  direct;  and  he 
shall  take  the  notes  for  the  rent  and  turn  them  over  to  the 
county  treasurer  and  attend  to  their  collection.      The  coun- 
ty shall  have  all  the  rights  and  remedies  for  the  security  and 
collection  of  such  rent  given  by  law  to  agricultural  land- 
lords. 

Sec.  7518  Hemingway's  Code. 

4707.  How  lands  in  cities  leased. — When  any  of  such 
lands  are  situated  in  a  city,  town,  or  village,  and  the  same 
are  or  become  subject  to  lease,  the  board  of  supervisors 
shall  appoint  three  disinterested  freeholders  of  the  county 
to  be  appraisers,  whose  duty  it  shall  be  to  appraise  and  re- 
port to  the  board  the  actual  annual  rental  value  of  each  lot 
or  parcel  thereof,  with  the  improvements,  if  any,  for  a 
term  of  twenty-five  years.      The    board    shall    determine 
whether  the  same  be  the  reasonable  value  thereof,  subject 
to  appeal  to  the  circuit  court  by  any  person  interested,  on 
behalf  of  the  township. 

Sec  7519  Hemingway's  Code. 

4708.  Appeal  and  further  proceedings. — The  circuit 
court,  on  appeal,  which  shall  be  granted  by  the  board  of 
supervisors  on  application  in  writing  and  the  execution  of  a 
bond  conditioned  to  pay  the  costs  unless  the  rent  shall  be  in- 
creased, may  determine  whether  the  appraisement  be  rea- 
sonable, and  may  hear  proof  and  fix  the  reasonable  rental 
value  thereof,  by  the  verdict  of  a  jury  or  otherwise.    When 
the  rental  value  shall  be  finally  fixed,  the  bona  fide  lease- 
holder of  the  expired  or  unexpired  term,  if  any  such  there 


180  SIXTEENTH  SECTIONS 

be,  shall  have  the  preference  to  take  the  land  and  improve- 
ments, if  any,  for  the  term  of  twenty-five  years,  at  the 
annual  rental  so  fixed ;  and  the  superintendent  of  education 
shall  see  that  the  proper  lease  be  executed  in  duplicate,  duly 
recorded,  and  one  part  delivered  to  the  county  treasurer; 
and,  if  the  last  leaseholder  do  not  within  ten  days  execute 
the  lease  the  superintendent  may  lease  the  same  on  the 
terms  fixed  to  the  person  who  will  apply  within  thirty  days, 
and  he  may  do  the  same  if  there  be  no  former  leaseholder ; 
but,  if  some  person  do  not  so  apply  and  execute  the  proper 
lease,  he  shall  lease  the  same  for  one  year,  and  continue  to 
so  lease  it  unless  some  person  within  ten  years  of  the  date  of 
fixing  the  value,  shall  execute  a  lease  of  the  same  for  the 
remainder  of  the  term  of  twenty-five  years  at  the  rental  so 
fixed.  At  the  expiration  of  ten  years,  where  some  person 
has  not  taken  the  term,  or  if  the  term  be  taken  and  expire, 
appraisers  shall  again  be  appointed  and  the  like  proceedings 
had. 

Sec.  7520  Hemingway's  Code. 

4709  Whether  subject  to  lease  determined. — The 
chancery  courts  have  jurisdiction  to  determine  on  bill  or 
petition  what  lands  are  or  may  be  subject  to  lease  under  the 
provisions  of  this  chapter;  but  all  sixteenth  sections,  or 
lands  taken  in  lieu  thereof,  are  presumed  to  be  so  subject, 
unless  the  contrary  be  clearly  shown. 

CHAPTER  252. 
LAWS  1914. 

Sec.  7521  Hemingway's  Code. 

4710.  Township  divided  by  county  line. — Where  a 
township  is  divided  so  that  parts  are  situated  in  different 
counties,  the  county  in  which  the  section  or  lands  in  lieu 
thereof  may  be  situated  shall  have  jurisdiction  thereof,  and 
of  the  funds  derived  from  it;  and  if  the  section  or  lands  in 
lieu  thereof  be  in  several  counties,  each  county  has  jurisdic- 
tion of  the  part  lying  in  it,  or  the  counties  may  co-operate  in 
the  management  thereof ;  but  in  any  case  the  fund  shall  be 
accounted  therefor  with  each  county  according  to  the  num- 
ber of  educable  children  in  the  part  of  the  township  in  it  as 
compared  with  the  whole  number  in  the  township.  And 
any  county  now  having  and  hereafter  receiving  or  collecting 
funds  belonging  to  another  county  shall  immediately  there- 


SIXTEENTH  SECTIONS  181 

after  pay  over  such  funds,  transfer  and  assign  all  notes, 
deeds  of  trust  and  security  for  funds  loaned  out  to  the  treas- 
ury of  the  county  entitled  thereto 

CODE  1906. 

Sec.  7522  Hemingway's  Code. 

4711.  Consent  of  inhabitants  to  leases. — The  consent 
of  the  inhabitants  of  a  township  to  the  leasing  of  the  six- 
teenth section  lands  shall  be  obtained  by  the  township  trus- 
tees in  the  following  manner:  They  shall    give    notice    by 
posting  in  three  or  more  public  places  in  the  township  for  at 
least  five  days  and  call  a  meeting  of  the  heads  of  families 
in  the  township,  to  be  held  at  a  conveniently  located  school 
house  therein,  on  a  Saturday  to  be  named  in  the  notice.    On 
the  day  named  the  trustee  shall  attend,  organize  the  meet- 
ing, and  take  the  sense  thereof  as  to  whether  the  lands  shall 
be  leased  for  a  term  of  years.      Unless  the  inhabitants  thus 
consent,  the  lands  shall  not  be  leased  for  a  longer  term  than 
one  year.       The  consent,  or  refusal  of  consent,  shall     be 
certified  to  the  board  of  supervisors  at  its  next  or  a  subse- 
quent meeting,  by  the  trustees,  under  oath ;  and  the  certifi- 
cate of  the  trustees  shall  be  conclusive  of  the  facts  stated 
therein  three  months  after  the  adjournment  of  the  meeting 
at  which  the  certificate  shall  be  spread  upon  the  minutes 
of  the  board. 

Sec.  7523  Hemingway's  Code. 

4712.  Certain  lands  in  lieu  of. — The  land  commission- 
er shall  ascertain  the  townships  entitled  to  participate  in 
the  distribution  of  the  thirty     thousand     eight     hundred 

"and  twenty-nine  and  sixteen  one-hundredths  acres  of  land 
in  Hancock  county  received  in  lieu  of  sixteenth  sections,  and 
he  shall,  with  the  aid  of  the  governor  and  attorney-general, 
allot  the  land  ratably  to  the  proper  townships  of  the  several 
counties,  and  notify  the  board  of  supervisors  of  the  allot- 
ment ;  and  thereafter  the  land  shall  be  dealt  with  in  all  re- 
spects as  other  sixteenth  section  lands,  notwithstanding 
their  location  outside  of  the  counties  interested.  If  any 
of  said  lands  be  found  to  be  in  Pearl  River  county,  they 
shall  likewise  be  so  allotted. 

Sec.  7524  Hemingway's  Code. 

4713.  Expenses. — All  expenses  incurred  by  the  boards 
of  supervisors  in  the  performance  of  their  duties  under 


182  SIXTEENTH  SECTIONS 

the  provisions  of  this  chapter  shall  be  paid  out  of  the  prop- 
er sixteenth  section  funds;  but  if  there  be  no  such  funds, 
then  out  of  the  county  treasury. 

Sec.  7525  Hemingway's  Code. 

4714.  Sixteenth     section     or     school     lands — Lease 
may  be  confirmed  and  quieted. — Any  person    holding    or 
claiming  any  sixteenth  section  or  school  land,  under  a  lease 
heretofore  made  by  the  board  of  supervisors,  or  by  their  au- 
thority or  direction,  may  proceed  by  bill  in    the    chancery 
court  to  have  such  lease  confirmed  and  quieted.      He  shall 
set  forth  in  his  bill  his  claim  or  title  under  the  lease  which 
he  asks  to  have  confirmed  the  date  of  such  lease,  to  whom 
made  the  consideration  and  the  amount  paid  and  to  be  paid, 
if  any.      The  president  of  the  board  of  supervisors  of    the 
county  in  which  suit  is  filed  and  in  which  the  land  may  be 
located  shall  be  made  a  party  defendant  and  process  shall  be 
served  on  him  as  in  other  cases  in  chancery.       Such  suits 
shall  be  brought  in  the  county  in  which  the  sixteenth  section 
or  some  part  thereof  is  located  and  shall  be  proceeded  with 
as  in  other  cases  in  chancery,  except  that  the  bill  shall  not 
be  taken  as  confessed;  and  it  shall  be  competent  for    the 
court  to  hear  and  consider  evidence  aliunde  the  records  of 
the  board  of  supervisors  as  to  whether  the  lease  sought  to 
be  confirmed  was  legally  made,  and  whether  the  complain- 
ant is  entitled  to  relief.      If  it  'be  clearly  proven  that  the 
requirements  of  law  regulating  such  leases  were  complied 
with,  the  proper  relief  shall  be  granted  even  though  the 
records  contain  no  such  affirmative  showing.       The  party 
claiming  title  under  such  lease  shall  be  entitled  to  the  bene- 
fits of  this  section  whether  the  suit  be  filed  by  him  or  by 
the  county,  as  required  by  this  chapter. 

Sec.  75?6  Hemingway's  Code. 

4715.  Decree  of  confirmation  to   be  issued. — Should 
the  court  be  of  the  opinion  that  the  complainant  is  entitled 
to  relief,  it  shall  decree  a  confirmation  of  the  lease  under 
which  complainant  claims  fix  the  date  of  its  commencement 
and  termination  and  such  decree  shall  vest  in  the  complain- 
ant a  good  and  perfect  title  to  the  term  of  the  lease  for  the 
time  fixed  in  such  decree ;  but  nothing  in  this  or  the  preced- 
ing section  shall  be  construed  as  releasing  any  person  from 
the  payment  in  full  of  any  balance  that  may  be  due  on  any 
lease,  under  which  he  may  claim  or  hold  any  or  all  of  such 
sixteenth  section  or  school  land,  but  he  must  either  pay  or 


SIXTEENTH  SECTIONS  183 

tender  in  court  any  balance  that  may  be  due  as  aforesaid 
before  the  relief  prayed  for  shall  be  granted. 

CHAPTER  275. 
LAWS  1914. 

Sec.  7527  Hemingway's  Code. 

4716.  //  lease  illegally  made  court  may  have  account 
stated. — Should  it  appear  to  the  court  that  the  lease  under 
which  complainant  holds  or  claims  title  was  illegally  made 
and  void,  then  the  court  may  proceed  to  have  an  account 
stated  of  the  amount  of  money,  principal  and  interest,  which 
has  actually  been  paid  in  consideration  for  such  lease  by 
the  complainant  and  those  under  whom  he  may  claim,  and 
an  account  of  the  rents,  issues  and  profits  arising  from 
said  land,  less  the  cost  of  any  necessary,  permanent,  valu- 
able and  not  ornamental  improvements  made  upon  said 
lands,  and  may  decree  any  excess  of  money  paid,  and  inter- 
est and  costs  of  improvements  over  the  rents,  issues  and 
profits  to  complainant,  and  such  decree  shall  be  a  lien  upon 
the  rents,  issues  and  profits  accrued,  or  to  accrue,  from  the 
particular  sixteenth  section  involved  in  such  suit  until  the 
same  is  fully  paid  and  satisfied,  and  upon  the  rendition  of 
such  decree  the  clerk  of  the  board  of  supervisors  shall  issue 
a  warrant  for  the  amount  decreed  to  be  paid  to  the  complain- 
ant against  the  funds  of  such  sixteenth  section,  and  the  same 
shall  be  paid  out  of  the  first  available  money  to  the  credit  of 
such  fund.  Any  excess  in  the  amounts  of  the  rents,  issues 
and  profits,  after  deducting  the  cost  of  improvements  and 
amount  paid  by  complainant,  shall  be  decreed  against  him, 
together  with  a  writ  of  possession  in  favor  of  the  defend- 
ant. All  court  costs  in  suits  brought  under  section  4714 
of  this  chapter  shall  be  paid  by  the  party  or  parties  seeking 
relief  under  the  provisions  hereof. 

Code  1906. 

Code  1906,  §§  4695-4716,  confer  on  the  counties  all  powers  neces- 
sary to  carry  out  the  purpose  of  the  grant  of  jurisdiction  and  control, 
and  a  county  may  sue  for  waste  committed  in  cutting  timber  from  a 
sixteenth  section.  Jefferson  Davis  County  v.  James-Sumrall  Lumber 
Co.,  94  Miss.  530,  49  So.  611. 

Code  1906,  §§  4695-4716,  is  within  the  power  of  the  state  and  is 
not  a  delegation  of  power  within  the  rule  prohibiting  the  delegation 


184  SIXTEENTH  SECTIONS 

of  power,  for  a  "county"  is  a  mere  political  subdivision  of  the  state, 
created  to  act  for  the  state  in  local  matters,  and  the  state  in  thus 
dealing  with  the  sixteenth  section  of  land  acts  through  a  govern- 
mental agency.  Jefferson  Davis  County  v.  James-Sumrall  Lumber 
Co.,  94  Miss  |  550,  49  So.  611. 

CHAPTER  177 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  chapter  140  of  the  laws  of  1916 
be  amended  to  read  as  follows:  That  the  board  of  super- 
visors of  the  counties  in  the  state  of  Mississippi  that  are 
entitled  to  participate  in  the  distribution  of  the  thirty 
thousand,  eight  hundred  and  twenty-nine  and  16-100,  (30,- 
829.16)  acres  of  land  in  Hancock  county,  in  said  state  re- 
ceived in  lieu  of  sixteenth  sections,  be,  and  they  are  hereby 
required  to  employ  and  contract  with  one  or  more  compe- 
tent persons  to  go  upon  said  lands  and  examine  and  inspect 
the  same  and  to  divide  and  allot  and  assign  to  each  county 
interested  therein,  the  lands  of  such  county,  in  sev- 
eralty  by  proper  description  so  that  the  land  belong- 
ing to  any  county  can  be  easily  located  and  identified.  Such 
person  or  persons  so  employed  and  contracted  with,  shall 
furnish  the  said  county  a  map  or  plat  showing  by  specific 
and  sufficient  description  the  particular  lands  allotted  and 
assigned  to  such  county  as  approved  by  the  attorney  gen- 
eral as  hereinafter  provided.  And  where  more  than  one 
township  in  a  county  is  interested  in  said  lands  in  Hancock 
county,  such  person  or  persons  shall  furnish  to  the  county  a 
map  or  plat  showing  by  specific  and  sufficient  description 
the  particular  lands  allotted  and  assigned  to  each  township 
in  such  county. 

Sec.  2.  That  the  person  or  persons  so  employed  and 
contracted  with,  shall  take  an  oath  to  honestly,  faithfully 
and  impartially  make  the  division,  allotment,  assignment 
and  description  directed  to  be  made,  and  otherwise  perform 
the  duties  required  of  them  under  this  act  to  the  best  of  his 
or  their  skill,  knowledge  and  judgment  and  such  person  and 
if  more  than  one,  then  each  of  them  shall  enter  into  bond 
with  good  and  sufficient  sureties  to  be  filed  and  approved 
by  the  attorney  general  of  the  state,  payable  jointly  to  all 
counties  contracted  with  by  such  party  or  parties,  in  the 


SIXTEENTH  SECTIONS  185 

sum  of  two  thousand  dollars,  ($2,000.00)  conditioned  that 
he  or  they  will  make  the  partition  and  .division  and  allot- 
ment and  assignment  in  accordance  with  law  and  this  act, 
within  twelve  months  from  the  date  of  the  approval  of  the 
bond. 

Sec.  3.  That  the  expenses  incurred  by  the  several 
boards  of  supervisors  or  the  attorney  general  under  this  act 
shall  be  paid  out  of  the  sixteenth  section  funds  of  the  town- 
ship in  said  counties  interested  in  said  lands  in  Hancock 
county  if  the  boards  of  supervisors  can  not  pay  from  such 
funds,  then  such  payment  shall  be  made  out  of  the  general 
county  fund  of  the  several  counties.  But  such  expense 
shall  not  exceed  in  the  aggregate  twenty-two  cents  an  acre. 

Sec.  4.  Should  any  county  entitled  to  participate  in 
the  division  of  the  lieu  lands  situated  in  Hancock  county  fail 
to  make  contract  for  its  proper  division,  allotment,  assign- 
ment and  description  within  eight  months  after  the  passage 
of  this  act,  the  attorney  general  of  the  state  is  authorized 
and  empowered  on  behalf  of  such  county  to  contract  with 
such  party  or  parties  having  the  largest  amount  of  contracts 
from  the  counties  entitled  to  participate  in  the  lieu  lands, 
for  and  on  behalf  of  the  county  or  counties  so  failing  to  act. 

Sec.  5.  All  counties  failing  to  make  proper  arrange- 
ments for  the  allotment,  division,  assignment  and  descrip- 
tion of  the  lieu  lands  as  provided  for  herein  shall  be  liable 
to  the  party  contracted  with  by  the  attorney  general,  and 
after  the  work  is  completed  and  approved,  as  herein  provid- 
ed, the  party  or  parties  may  maintain  action  against  the 
county  to  recover  the  amount  due  him  or  them  on  such  con- 
tract made  by  the  board  of  supervisors  or  the  attorney  gen- 
eral. 

Sec.  6.  The  party  or  parties  making  the  allotment, 
division,  partition  and  assignment  of  the  lieu  lands  herein, 
shall  submit  same  to  attorney  general  for  his  approval  and 
shall  file  with  the  land  office  the  plat  or  map  or  other  docu- 
ments as  approved  by  the  attorney  general,  a  copy  of  which 
he  or  they  shall  send  to  each  county  whose  land  was  alloted, 
divided,  assigned  and  described. 

Sec.  7.  Upon  the  approval  of  the  division,  allotment 
and  description  by  the  attorney  general  as  filed  in  the  land 
office,  the  titles  to  such  lands  by  each  township  shall  vest 


186  SIXTEENTH  SECTIONS 

and  belong  to  the  township,  as  therein  divided,  alloted  and 
described. 

Sec.  8.  Should  any  of  these  lieu  lands  now  be  located 
in  Pearl  River  county  because  of  change  in  county  line  be- 
tween Hancock  and  Pearl  River  county,  this  act  shall  ap- 
ply to  the  said  lieu  lands  in  the  same  manner  as  those  lo- 
cated in  Hancock  county. 

Sec.  9.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

CHAPTER  140. 
LAWS  1916. 

Sec.  7529  Hemingway's  Code. 

Oath  and  bond  required  of  persons  employed  to  make 
allotment. — 2.  That  the  person  or  persons  so  employed  and 
contracted  with  shall  take  an  oath  to  honestly,  faithfully 
and  impartially  make  the  partition  and  division,  the  allot- 
ment and  assignment  directed  to  be  made,  and  otherwise  to 
perform  the  duties  required  of  them  under  this  act  to  the 
best  of  his  or  their  skill,  knowledge  and  judgment.  And 
such  person,  and  if  more  than  one  then  each  of  them,  shall 
enter  into  bond  with  good  and  sufficient  sureties  to  be  ap- 
proved by  the  board  of  supervisors  of  the  county,  or  the 
president  of  the  board  of  supervisors  of  the  county,  payable 
to  each  county  so  employing  and  contracting  with  him  or 
them  in  a  penalty  of  one  thousand  dollars  ($1,000.00)  con- 
ditioned that  he  or  they  will  make  a  partition  and  division 
and  allotment  and  assignment  in  accordance  with  law  and 
this  legislative  act,  within  twelve  (12)  months  from  the 
date  of  the  contract  of  employment. 

Chap.  HO^Laws  1916.  Sec.  7530  Hemingway's  Code. 

Expense  of  distribution — Hoiv  made — 3.  That  the  ex- 
penses incurred  by  the  several  boards  of  supervisors  under 
this  act  shall  be  paid  out  of  the  sixteenth  section  funds  of 
the  townships  in  said  counties  interested  in  said  lands  in 
Hancock  county,  if  there  be  such  funds ;  and  if  there  be  no 
such  funds,  then  such  payment  shall  be  made  out  of  the  gen- 
eral county  fund  of  the  several  counties. 


SIXTEENTH  SECTIONS  187 

CHAPTER  2j52. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  every  person  whose  ninety-nine 
year  lease  to  sixteenth  section  school  lands  in  this  state  shall 
hereafter  expire  shall  be  entitled  to  a  credit  for  all  perma- 
nent improvements  hereafter  put  on  said  land. 

Sec.  2.  The  value  of  such  improvements  shall  be  as- 
certained and  fixed  by  the  board  of  supervisors  with  the 
right  of  appeal  to  the  circuit  court  by  any  such  lessee  or  by 
any  person  interested  on  behalf  of  the  township. 

Sec.  3.  The  lessee  shall  not  be  entitled  to  any  such 
payment  in  cash  by  the  board  of  supervisors,  but  shall  be 
entitled  to  have  the  value  of  such  improvements  applied  as 
a  credit  on  any  new  lease  which  he  may  make  with  the 
board  of  supervisors  for  the  land  on  which  such  improve- 
ments are  situated. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  the  date  of  its  passage. 

CHAPTER  249. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  it  shall  be  the  duty  of  the  county 
superintendent  of  education  to  collect  all  rents  due  for  the 
lease  of  sixteenth  section  school  lands,  and  all  interest  and 
principal  due  on  loans  made  out  of  the  sixteenth  section 
school  funds  of  his  county,  and  to  account  for  the  same  to 
the  board  of  supervisors.  That  the  board  of  supervisors 
shall  turn  all  such  funds  over  to  the  county  treasurer,  tak- 
ing the  usual  vouchers  therefor,  and  see  that  funds  of 
each  sixteenth  section  is  properly  credited  to  it;  provided 
that  all  evidences  of  indebtedness  shall  include  a  provision 
for  the  payment  of  ten  per  cent  attorney's  fee  in  case  of 
default. 

Sec  2.  Such  superintendent  may  employ  an  attorney 
to  aid  him  in  collecting  any  such  funds  when,  in  his  opinion, 
the  same  is  necessary,  and  pay  for  the  same  out  of  the  funds 
collected,  not  to  exceed  in  any  case,  ten  per  cent  of  the 
amount  actually  collected. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 


188  ILLITERACY  COMMISSION 

ILLITERACY  COMMISSION 

CHAPTER  110. 
LAWS  1916. 

Sec.  4922  Hemingway's  Code. 

Creating  a  state  illiteracy  commission. — 1.  There  is 
hereby  created  a  commission  to  be  known  as  "The  Missis- 
sippi Illiteracy  Commission/'  which  shall  be  composed  of 
five  persons,  both  men  and  women,  including  the  state  su- 
perintendent of  education,  who  shall  be  ex  officio  a  member 
thereof.  The  commissioners  shall  be  appointed  by  the"  state 
superintendent  of  education  and  shall  be  selected  for  their 
fitness,  ability  and  experience  in  matters  of  education,  and 
their  acquaintance  with  the  conditions  of  illiteracy  in  the 
state  of  Mississippi  and  its  various  communities. 

Chap.  110,  Laws  1916.  Sec.  4923  Hemingway's  Code. 

Commission  made  a  body  corporate — Officers  of  same. 
— 2.  That  the  members  of  the  commission  shall  be  and  are 
'hereby  constituted  a  body  corporate  with  all  the  powers 
necessary  to  carry  into  effect  all  the  purposes  of  this  act. 
The  commissioners,  after  their  appointment  and  qualifica- 
tions, shall  organize  by  electing  from  their  membership  a 
president  and  a  secretary-treasurer.  The  secretary-treas- 
urer shall  execute  a  bond  to  the  state  of  Mississippi  in  a 
reputable  bonding  company  and  in  such  an  amount  as  the 
commission  may  approve,  for  the  faithful  performance  of 
the  duties  of  his  office  and  for  the  proper  handling  and  ac- 
counting of  all  properties  and  moneys  which  may  come  into 
his  hands  by  virtue  of  his  office;  provided,  that  the  secre- 
tary-treasurer may  be  removed  by  the  commission  and  a 
successor  appointed  by  the  commission,  in  its  discretion. 

Chap.  110,  Laws  1916.  Sec  4924  Hemingway's  Code. 

Collection  of  data  as  to  adult  illiteracy. — 3.  That  it 
shall  be  the  duty  of  the  commission  and  it  shall  have  the 
power  to  make  research,  collect  data,  and  procure  the  ser- 
vices of  any  and  all  communities  of  the  state  looking  to  the 
obtaining  of  a  more  detailed  and  definite  knowledge  as  to 
the  true  conditions  of  the  state  in  regard  to  its  adult  illiter- 
acy, and  report  regularly  the  results  of  its  labors  to  the 
governor,  and  to  perform  any  other  act  which  in  its  discre- 
tion will  contribute  to  the  elimination  of  the  state's  adult 


SCHOOL  LAWS  OF  MISSISSIPPI  189 

illiteracy  by  means  of  the  education  and  enlightenment  of 
illiterate  persons  in  the  state  of  Mississippi;  and  the  com- 
mission shall  expend  any  funds  or  use  anything  of  value  it 
may  receive  in  accordance  with  such  regulations  as  it  may 
from  time  to  time  adopt ;  provided,  however,  that  any  or  all 
funds  which  may  come  into  the  hands  of  the  commission 
shall  be  expended  in  keeping  with  the  general  purposes  of 
this  act 

Chap.  110,  Laws  1916.  Sec.  4925  Hemingway's  Code. 

Commission  may  adopt  its  own  rules — 4.  That  the 
commission  shall  adopt  such  rules  and  regulations  as  may 
seem  expedient  for  carrying  on  its  business  in  a  manner 
which  shall  seem  to  it  most  satisfactory. 

Chap.  110,  Laws  1916.  Sec.  4926  Hemingway's  Code. 

Members  to  receive  their  expenses  only. — 5.  That  the 
members  of  this  commission  shall  receive  no  compensation 
for  their  services  nor  expenses  of  any  kind  out  of  the  state 
treasury,  but  they  shall  be  reimbursed  out  of  any  funds 
which  may  come  into  the  hands  of  the  commission  from 
other  sources  for  the  use  of  the  commission  for  their  actual 
traveling  and  other  necessary  expenses  incurred  in  the  per- 
formance of  their  duty. 

Sec.  4927  Hemingway's  Code. 

No  appropriation  to  be  made. — 6.  That  no  appropria- 
tion shall  be  made  in  aid  of  the  commission  created  in  sec- 
tion 1  of  this  act  from  any  state  fund. 

HOUSE  BILL  No.  364. 

AN  ACT  to  amend  section  2531  of  the  Mississippi  code  of  1906  so 
as  to  change  the  number  of  years  for  free  tuition  in  the  Missis- 
sippi State  College  for  Women. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  2531  of  the  Mississippi 
code  of  1906,  be  and  the  same  is  hereby  amended  to  read  as 
follows : 

2531.  Tuition  free  and  not  free. — Tuition  shall  be 
free  for  four  years  and  no  longer,  to  girls  of  this  state  in  all 
branches,  except  in  music;  and  the  trustees  shall  fix  the 
amount  of  tuition  to  be  paid  by  girls  from  other  states ; 
which  shall  not  be  less  than  cost  to  the  state;  the  trustees 


190  SCHOOL  LAWS  OF  MISSISSIPPI 

shall  also  fix  the  tuition  for  music,  and  provide  instruments 
and  salaried  teachers  of  music.  Music  pupils  who  expect 
to  follow  music  teaching  as  a  vocation  need  not  take  any 
industrial,  but  such  pupils  shall  have  the  right  to  take  any 
of  the  industrials  if  they  so  desire. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  10,  1922. 

HOUSE  BILL  No.  35. 

AN  ACT  to  require  the  state  board  of  education  to  prescribe  a  course 
of  moral  training  for  public  schools  and  to  enforce  its  use. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi  that  the  board  of  education  is  hereby 
directed  to  prepare  or  cause  to  be  prepared  a  suitable  course 
of  instruction  in  the  principles  of  morality  and  good  man- 
ners to  be  used  in  all  of  the  public  schools  of  the  state.  That 
such  course  shall  include  what  is  known  as  the  Mosaic  Ten 
Commandments  and  may  be  graded  and  may  be  formulated 
with  the  idea  that  a  certain  amount  of  time  will  be  devoted 
to  it.  Provided,  that  no  doctrinal  nor  sectarian  teaching 
shall  be  permitted  in  any  public  school  in  this  state,  and 
provided  that  no  pupil  shall  be  required  to  attend  the 
course  provided  for  herein  when  the  parent  or  parents  or 
guardian  of  said  pupil  shall  so  request  in  writing  filed  with 
the  superintendent  or  teacher. 

That  when  so  prepared  and  published  such  course  shall 
be  used  in  all  the  public  schools  of  the  state.  That  it  shall 
be  the  duty  of  the  several  county  and  city  superintendents 
of  schools  to  see  that  the  provisions  of  this  act  are  carried 
out.  There  are  not  to  be  any  extra  employees  under  this 
act,  either  state  or  county. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  7,  1922. 


SCHOOL  LAWS  OF  MISSISSIPPI  191 

HOUSE  BILL  No.  365. 

AN  ACT  to  amend  section  2535  of  the  Mississippi  code  of  1906,  regu- 
lating the  apportionment  and  appointment  of  students  in  the 
Mississippi  State  College  for  Women. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  2535,  of  the  Mississippi 
Code  of  1906,  be  and  the  same  is  hereby  amended  to  read 
as  follows : 

Apportionment  of  Students — Duty  of  Superintendents. 

The  superintendent  of  education  of  each  county,  after 
due  notice  published,  shall  examine  applicants,  not  qualified 
to  enter  by  certificate  from  an  accredited  school,  upon 
questions  prepared  and  submitted  by  the  president,  and, 
with  the  consent  of  the  board  of  supervisors,  give  certifi- 
cates of  selection  to  the  number  of  girls  to  which  his  county 
is  entitled,  in  addition  to  those  already  in  college,  if  any. 
County  superintendents  shall  make  their  appointments  of 
students  to  the  college  not  later  than  August  1  of  each  year. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  10,  1922. 

HOUSE  BILL  No.  396. 

AN  ACT  to  amend  section  13  chapter  119  of  the  laws  of  Mississippi, 
1910,  to  provide  for  the  granting  of  baccalaureate  degrees  at  the 
Mississippi  Normal  College. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  13  chapter  119  of  the  laws 
of  the  State  of  Mississippi,  1910,  be  amended  so  as  to  read 
as  follows :  The  course  of  instruction  in  the  said  Missis- 
sippi Normal  College  shall  be  so  arranged  as  to  fall  into 
three  divisions;  the  satisfactory  completion  of  the  first  of 
said  divisions  shall  be  evidenced  by  a  certificate ;  the  satis- 
factory completion  of  the  second  by  a  diploma ;  and  the  sat- 
isfactory completion  of  the  third  by  a  baccalaureate  degree 
diploma.  Said  courses  and  the  successful  passage  of  all 
examinations  therein  shall  be  submitted  annually  to  the 
state  board  of  education  and,  upon  their  approval,  evidenced 
by  the  signature  of  the  president  of  the  state  board  of  edu- 
cation, said  certificate  shall  be  a  first  grade  state  license 


192  SCHOOL  LAWS  OF  MISSISSIPPI 

for  a  period  of  five  years  from  its  date,  and  said  diploma 
and  said  baccalaureate  degree  diploma  shall  be  professional 
licenses,  as  provided  by  section  5553  of  the  code  of  1906. 

Sec.  2.     That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  27,  1922. 


HOLIDAYS  193 

HOLIDAYS. 

CHAPTER  125. 

LAWS  1916. 
Sec.  2043  Hemingway's  Code. 

That  after  the  issuance  of  a  proclamation  by  the  gov- 
ernor in  any  year  hereinafter  designating  a  day  to  be  ob- 
served as  Thanksgiving  day,  that  all  the  public  schools 
taught  in  the  state  shall  observe  the  day  as  Thanksgiving 
day  and  it  shall  be  declared  a  legal  holiday  for  all  public 
schools,  and  no  sesion  shall  be  held  during  that  day. 

That  the  observance  of  the  day  by  the  teachers  of  pub- 
lic schools  shall  not  be  deducted  from  their  reports  made  to 
the  county  superintendents  of  education,  but  that  they  -shall 
be  allowed  pay  for  full  time  as  though  they  had  taught  on 
this  day. 

A  CODE  OF  ETHICS  FOR  MISSISSIPPI  TEACHERS. 

1.  No  teacher  should  lend  his  or  her  name  in  a'nyway 
whatsoever  in  a  situation  which  has  arisen  from  attack  up- 
on a  teacher  for  personal  or  political  reasons. 

2.  A  teacher  should  not  sever  a  contract  with  a  school 
board  without  sufficient  notice,  and  then  only  if  to  do  so  is 
in  conformity  with  the  rules  and  regulations  under  which 
the  teacher  entered  into  the  contract.      In  the  contrary  no 
teacher  should  be  displaced  without  timely  warning. 

3.  To  apply  for  a  position  held  by  another    and    not 
known  positively  to  be  vacant  is  a  violation  of  professional 
ethics.      Nor  should  a  teacher  enter  into  negotiations  with 
school  authorities  regarding  a  position  that  has  not  been 
formally  and  officially  declared    vacant.      This,    however, 
shall  never  be  construed  as  precluding  the  right  of  teachers 
to  direct  letters  of  inquiry  to  educational  authorities  as    to 
probable  vacancies  in  schools  or  school  systems.      Advance- 
ment or  a  change  of  position  should  not  be  sought  through 
criticism  of  another  teacher. 

4.  A  situation  may  develop  in  a  community  in  which 
no  ambitious  or  self-respecting  teacher  could  hope  to  suc- 
ceed.      Under  such  circumstances  others  in  the  profession 


194  CODE  OF  ETHICS  OF  MISSISSIPPI  TEACHERS 

should  inform  prospective  candidates  of  existing  conditions; 
and  it  should  be  considered  unethical  to  accept  such  a  posi- 
tion without  a  change  in  conditions. 

5.  Teachers  should  not  make  special  requests  to  indi- 
vidual members  of  the  school  board.      If  an  unusual  or  ex- 
traordinary condition  should  arise  a  teacher  may  go  direct 
to  the  board,  but  this  should  be  done  with  the  full  knowl- 
edge of  the  superintendent  or  principal.      The  practice  of 
teachers  going  direct  to    the  board  with  compliants  or  for 
favors  should  be  condemned  as  opposed  to  a  professional 
spirit  and  a  counter  to  principles  of  successful  organization 
and  management. 

6.  A  superintendent  or  principal  should  regard  him- 
self as  in  honor  bound  to  accord  any  teacher  due  considera- 
tion and  justice,  and  be  prepared  to  give  any  complaint  a 
fair  and  impartial  hearing.  His  attitude  towards  his  teach- 
er should  be  governed  by  the  principle  of  merit  alone. 

7.  That  harmony  and  amity  may  prevail  in  the  work 
of  the  school,  teachers  should  observe  a  respectful  attitude 
towards  each  other  and  to  the  principal  and  superintendent 
of  the  schools.      They  should  not  indulge  in  criticism  of  each 
other  or  of  the  principal  or  superintendent,  excepting  when 
the  good  of  the  school  is  involved  and  then  only  under  con- 
ditions which  will  permit  of  defense. 

8.  It  is  most  unprofessional  and  unethical  for  a  school 
superintendent  or  principal  to  issue  a  testimonial  to  a  teach- 
er ascribing  qualifications  which  she  does  not  possess.      In 
giving  a  verbal  or  confidential  estimate  of  a  teacher's  quali- 
fications for  a  position,  school  men  should  be  absolutely 
frank  with  one  another  and  altogether  act  without  any  men- 
tal reservation  whatever. 

9.  It  is  unethical  for  a  teacher  to  recommend  to  any 
school  board  a  teacher  for  a  definite  position  unless  said 
position  has  been  officially,  legally  and  conclusively  declared 
vacant. 

10.  Bad  opinion  of  the  members  of  the  Board  of  Ed- 
ucation, of  a  superintendent,  or  other  superior  school  offi- 
cial, no  matter  what  the  reason  for  such  opinion,  can  never 
justify  a  teacher,  or  other  inferior  officer  in  public  expres- 
sion of  such  opinions  as  long  as  such  official  relationship 
exists.       Those  in  authority  are  in  turn,  duty  bound     to 


CODE  OF  ETHICS  OF  MISSISSIPPI  TEACHERS  195 

withhold  from  the  public  information  and  opinions  as  to 
the  personal  qualifications  or  the  personal  attainments  of 
teachers  so  long  as  said  teachers  are  under  contract. 

11.  Obtaining  and  securing  positions  by  fawning  upon 
members  of  Boards  of  Education  or  others  in  authority  by 
courting  their  personal  favor,  or  by  doubtful  relations  with 
them  will  be  regarded  as  undignified  and  unethical  by  re- 
spectable and  self-respecting  teachers.       The  election    of 
teachers  to  office  should  be  based  solely  upon  merit.      No 
other  should  be  so  quick  or  so  zealous  to  insist  upon  elec- 
tions under  such  a  system  as  teachers  themselves. 

12.  In  communicating  with    parents    or    guardians, 
teachers  should  exercise  the  utmost  candor.      They  should 
hold  inviolable  information  as  to  the  financial  limitations 
of  children  or  wards,  their  physical  or  mental  defects,  their 
generalogies,  or  any  other  information  the  public  discussion 
or  mention  of  which  would  tend  to  prove  displeasing  or  dis- 
couraging to  said  parents,  guardians,  children  or  wards. 

13.  Teachers  should  fearlessly  expose  corrupt  or  dis- 
honest conduct  in  the  profession,  and  there  should  be  no 
hesitancy  on  the  part  of  teachers  in  exercising  the  utmost 
diligence  to  disqualify  and  debar  the  criminal  teacher  whose 
conduct  at  anytime  becomes  a  reproach  to  the  profession. 

14.  It  is  perfectly  proper  at  all  times  for  teachers  to 
seek  preferment  and  promotion  by  legitimate  means;  but 
any  sort  of  endeavor  to  establish  reputation  or  to  obtain  po- 
sition by  inuendo,  exploitations,  complimentary  press  no- 
tices, or  advertisements,  is  undignified  and  unprofessional. 

15.  It  is  undignified  and  unprofessional  for  any 
teacher  desiring  to  succeed  to  a  given  position  to  use  any 
influence  whatever  or  permit  has  name  to.be  used  whereby 
the  incumbent  may  be  handicapped  or  a  vacancy  created. 
Social,  political,  religious  or  denominational  prejudices 
should  never  be  aroused  against  an  incumbent  by  a  prospec- 
tive candidate. 

16.  A  superintendent  or  other  official  to  whom  is  dele- 
gated or  entrusted  the  power  to  employ  teachers  should  not 
knowingly  employ  a  teacher  without  the  knowledge  and  con- 
sent of  the  employers  of  said  teacher. 

17.  Adverse  criticism  of  a  predecessor  or  of  a  teacher 


196  CODE  OF  ETHICS  OF  MISSISSIPPI  TEACHERS 

employed  in  the  same  system' particularly  of  a  teacher  of  a 
lower  grade  is  unethical,  and  should  not  be  indulged  in  by 
those  who  are  mindful  and  regardful  of  the  dignity  of 
teaching.  Such  criticism,  if  made,  should  be  made  only 
with  the  intent  of  serving  some  good  end. 

18.  It  is  the  duty  of  every  teacher  in  Mississippi  to 
become  a  member  of  the  Mississippi  State  Teachers'  Asso- 
ciation, to  pay  the  membership  dues  annually,  and  to  re- 
spond cheerfully  to  all  demands  for  service  made  on  him  by 
the  association. 

19.  A  committee  of  t^ree  miy  be  appointed  by  the 
president  of  the  State  Teachers'  Association  to  investigate 
charges  or  reports  of  violations  of  this  Code  of  Ethics  as 
heretofore  set  forth  and  to  render  to  the  president  a  decision 
sustaining  the  said  charges  or  reports  or  exonerating  the 
teacher.       This  committee  should  be  so  appointed  at  the 
written  request  of  any  teacher  against  whom  such  reports 
or  charges  have  been  made,  or  at  the  written  request  of  any 
teacher  deserving  to  charge  another  teacher  with  the  viola- 
tion of  the  Code  of  Ethics. 

Respectfully  submitted, 

0.  A.  SHAW,  Chairman, 

MISS   LANY   HOLLAND,    Secretary, 

IRA  T.  GILMER. 

Adopted  by  the  Mississippi  Teachers'  Association  in 
open  session  at  Columbus,  May,  1917. 


INDEX  irr 


School  Laws  of  Mississippi,  1 923 


ABOLITION  OF  SEPARATE  SCHOOL  DISTRICT 8i 

ADDED  TERRITORY 

Consolidated   Schools   41 

Municipal  Separate  District  65 

Release  of  66 

AGRICULTURAL  HIGH  SCHOOLS 

Allowance  from  State  19 

Annual    Report    24 

Appropriation    15 

Bonds  27 

County  School  Board  18 

How  Approved 19 

How  Established 18 

Horticulture   30 

Joint  Schools  23 

Junior  Colleges  2S 

Location 26 

Municipalities  May  Issue  Bonds  for 25 

Tax  Levies  for  21,  22 

Trustees  2? 

Uniform  Adoption  of  Books 152 

APPROPRIATIONS 

Agricultural  High  Schools  15 

Common  Schools  14 

Industrial  Work  Amongst  Negroes  17 

Summer  Normals   16 

Vocational    Education    Iti 

Vocational  Rehabilitation   17 

ASSUMPTION    BONDED    INDEBTEDNESS    IN    CONSTITU- 
ENT TERRITORY 37 

ATTENDANCE  OUT  OF  PROPER  DISTRICT 

Common  Schools  61,  65 

Separate  School  Districts  64,  89 


198  INDEX 

BALANCES  06 

BOARD  OF  EXAMINERS 

County  Board 

Appointment  and  compensation  118 

Examination  of  Teachers  139,  140 

Subjects  on  Examination  141 

Vacancies    139 

State  Board 

Appointment 145 

Compensation    147 

Duties  145,  119 

Examination  of  County  Superintendent 119 

Members    7 

BOND  ISSUES 

Cities  of  8,000  or  More  Inhabitants 61 

Consolidated  and  Separate  School  Districts 81 

County,  Supervisor's  District,  or  School  District GO 

Line  Schools  78 

Municipal  Separate  District  67,  75 

Payment  of  Bonds  79 

Validation  of 36,  40,  79,  84,  111 

BORROWING  MONEY  1 74,  72,  73 

CHICKASAW  INTEREST  FUND  Ill 

COMMON  SCHOOLS 

Appropriation    14 

Attendance  Out  of  Proper  District  51,  64,  65 

Buildings  for  Entertainment  117 

Chickasaw  Interest  Fund Ill 

Compulsory  Attendance  Law 113 

County  School  Board  48,  49 

Curriculum   141 

Distribution  of  Funds  98 

Doors  to  Open  112 

Enumeration  of  Educable  Children 98 

Flags  to  Be  Displayed  117 

Libraries   -  -  102 


INDEX  199 

Moral  Training   190 

Pay  for  Time  Lost 89 

Plans  for  Building  44 

Physical  Education,  Chapter  161,  Laws  1920. 

Salaries  of  Teachers 88,  91 

Validity  of  School  Districts  68 

Validation  of  Bonds  36,  40,  79,  84,  111 

Violation  of  Contracts  by  Teachers 87 

COMMON  SCHOOL  FUND 

Appropriation 14 

How  Distributed  in  Counties  95 

flow   Disbursed  98 

COMPULSORY  ATTENDANCE  LAW  113 

CONSOLIDATED  SCHOOLS 

Addition  of  Territory  41 

Area   Minimum   34 

Bond  Issue  for  81 

Bond  Issue  in  Line  Schools 78 

Change  of  Boundary  31 

Elections    Affecting    36 

May  Sell  Old  Buildings 39 

Privileges 36 

Tax  Levy   34 

Teaching  in  Old  Buildings  41 

Transportation  of  Pupils 31 

Validation  of  Bonds  36,  40,  84,  111 

Vocational  Education  104 

CONSTITUTION,  STATE  11,  12,  13 

COUNTY  SCHOOL  BOARD 

Change  of  Boundary,  Consolidated   Schools 31 

Compensation    49 

Duties  18,  49 

How  Appointed  , 48 

Line  Schools  - 50 

Time  of  Meeting  , '. 49 

COUNTY  INSTITUTES 135,  136 

COUNTY  SCHOOL  FUND 

Balances    .  98 


200  INDEX 

Deficit  Not  Allowed   95 

How  Distributed  95 

How  Teachers  Paid  Where  Deficit  Occurs  102 

Levy  : 94 

Outstanding   School   Indebtedness   102 

Poll    Tax    96 

Transfer  From  General  Fund  to  School  Fund 97 

Two  and  Three  per  centum  Funds  97 

COUNTY  SUPERINTENDENT 

Assistant  Teachers  123 

Close  Schools  in  Certain   Cases  92 

Collect  Sixteenth  Section  Rents 187 

Compulsory   Attendance   Law  113 

Deputies    ... .  129 

Discontinue  a   School,  When 51 

Disputes  in  Schools  127 

Duties  Generally  121 

Examination  of  119 

Furnish  Tax  Assessor  and  State  Tax     Commission     Certain 

Information    45 

List  of  9 

Office  Days  -  125 

Office  Expenses  120 

Prizes  for  Club  Work  120 

Qualifications    

Record  of  Trustees  128 

Removal  of  Teacher  or  Trustee  127 

Removal  From  Office  by  State  Board '..     46' 

Reports 124,  125 

Salary  -  126,  116 

Speculation  in  Teachers'  Warrants 

Teachers'  Salaries  -  88,  91 

Visitation  of  Schools  -  126 

CODE  OF  ETHICS  -  193 

CLUB  WORK,  PRIZES  FOR 130 

CRIPPLES    -- 108,   110 

CURRICULUM   141 

DOORS  TO  OPEN  112 

DAMAGE  TO  SCHOOL  PROPERTY - 101 


INDEX  201 

DISTRIBUTION   SCHOOL  FUND   - 98,   14 

EDUCABLE  AGE   46 

ENUMERATION  OF  EDUCABLE  CHILDREN 98 

EXAMINATIONS 

Agricultural  High  School  Teachers 144 

Common  School  Teachers  141,  142 

County    Superintendent   119 

Professional  Licenses  ...: 147 

Special    144 

Vocational 107 

F'LAGS    .  117 

HOLIDAYS    193 

ILLITERACY  COMMISSION  188 

INDIANS  AND  OTHER  RACES 69 

JUNIOR   COLLEGES 28 

LIBRARIES 

Common  Schools  102 

Commission 103 

In  Certain  Counties  10S 

LICENSES 

Agricultural  High  School  Teachers 14 1 

Exemption    143 

First,  Second,  and  Third  Grade ! 141,  342 

Graduates  of  Agricultural    High    Schools 1-16 

Graduates  of  Certain  Colleges  137,  14a 

How  Long  Licenses  Good 143 

Indian  and  Other  Races 169 

Lost  or  Destroyed  137 

Professional    147 

Reciprocal 138 

Renewal    ." 129 

Transfer  to  Another  County 137,  144 

Vocational  ~ -  107 

World  War  Veteran  148 

LINE  SCHOOLS 

Between  Counties  ..  50 


202  INDEX 

Between  States  50 

Bond  Issue  for  78 

MISSISSIPPI  NORMAL  COLLEGE  191 

MISSISSIPPI  STATE  COLLEGE  FOR  WOMEN 189,  191 

MORAL  TRAINING 190 

MUNICIPAL  SEPARATE  SCHOOL  DISTRICT 

(See  Separate  School  District.) 

NEPOTISM 38 

PAY  FOR  TIME  LOST,  TEACHERS 89 

PAYMENT  OF  BONDS  7U 

PHYSICAL  EDUCATION Chapter  161,  Laws  1920 

PLANS  FOR  SCHOOL  BUILDINGS 43 

RELEASE  OF  ADDED  TERRITORY  66 

RENEWAL  OF  LICENSE      139 

SALARIES 

County  Superintendent  126,  116 

Teachers  , 88,  91 

SCHOLASTIC  YEAR,  MONTH,  AND  DAY 91 

SCHOOL  BUILDINGS 

Agricultural  High  Schools  20 

Damage  to  School  Property  101 

Doors  to  Open  , 112 

Entertainment   and   Custodian. 117 

May  Sell  39 

Plans  for 43 

SEPARATE  SCHOOL  DISTRICT 

Municipal  (Separate) 

Added  Territory  65 

Attendance  Out  of  Proper  District 64,  89 

Bond  Issues 75 

Borrowing  Money  ; 7S 


INDEX  203 

Children  May  Attend  County  Schools 68 

Consolidation   of  71 

County  Superintendent's  Salary  116 

How  Abolished   85 

How  Formed  : 63 

Junior  College  28 

Release  of  Added  Territory  66 

Special   Subjects  : S5 

Tax  Levy  and  Bond  Issue 67 

Transportation  of  Children  Within  the  District 69 

Transportation  of  Children  Into  the  District 57 

Treasurer   93,    94 

Trustees  54,  57,  58,  117 

Validity  68 

Validation  of  Bonds  Ill 

Rural  (Separate) 

Bond  Issue  81 

Bond  Issue  in  Line  Schools  78 

How  Abolished   85 

How  Formed  63 

Line  Districts  70 

Location  of  School  Building 86 

Special   Subjects   85 

Tax  Levy  and  Bond  Issue  67,  70 

Trustees  57,  58 

Validation  of  Bonds 84 

SEPARATE  DISTRICTS  FOR  THE  RACES 49 

SIXTEENTH  SECTIONS 

County  Superintendent  to  Collect  Rents 187 

General  Law 169 

Lieu  Lands  184 

Trustees  178,  170 

STATE  BOARD  OF  EDUCATION 

Dirties 

Approve  A  H.  S.  Building  Plans  and  Course  of  Study 20 

Decide  Appeals   — -  46,  47 

Designate  Arbor  Day  48 

Disburse  Equalizing  School  Fund  - 14 

Remove  County  Superintendent  in  Certain  Cases 46 


204  INDEX 

Members .' 7?    n 

STATE   COLLEGES   8 

STATE  DEPARTMENT  OF  EDUCATION 6 

STATE  OFFICERS  6 

STATE  SUPERINTENDENT 

Approve  Agricultural  High  Schools  19 

Apportion  State  School  Fund  131 

Confer  With  County  Superintendents 133 

Furnish  Blank  Books,  etc.,  to  School  Officials 133 

General  Supervision  School  System 11 

Member  A.  H.  S.  and  Common  School  Text  Book  Commis- 
sions   152,  156 

Member  Board  Trustees  Geological  Survey,  H.  C.,  4737. 

Member  State  Board  of  Education 11 

Official  Opinions  133 

Require  Reports  from  County  Superintendents 133 

Reports  to  Legislature 132,  24 

Trustee  University  and  Colleges  : 132 

Trustee  Fayette  High  School,  Chapter  118,  Laws  1898. 
Qualifications    11 

STATE  SUPERINTENDENTS,  BIOGRAPHICAL  SKETCHES....       2 

SUMMER  NORMALS 135 

SUPREME  COURT  JUDGES  6 

TAX  LEVIES 

Agricultural   High   Schools   21,  22 

Consolidated  Schools  34 

County   Levy   ~  94 

Fuel  Tax o2 

Municipality  Not  in  Separate  District 59 

Rural    Schools   58 

Separate  Districts  _....  67,  70 

TEACHERS 

Age  of  Teachers  143 

Agricultural  High  School  Teachers 123 

Code  of  Ethics  193 

Compulsory  Attendance  Law 113 


INDEX  205 

Contracts    86 

Criminal  to  Abuse 101 

Enumeration  of  Children  90 

Exemption  License  143 

General    Rules   for 101 

License  Lost  or  Destroyed  137 

License  of  Principal  8G 

Not  To  Be  Interested  in  Sale  of  Books 101 

Obedience  of  Pupils  100 

Pay  for  Time  Lost  89 

Penalty  for  Receiving  Assistance 142 

Renewal  of  License 139 

Report  to  County  Superintendent 89,  90 

Salaries   88,  91 

Transfer  of  License  137,  144 

Violation  of  Contract  87 

TEXT  BOOKS 

Commission 

Agricultural  High  Schools  8 

Common  Schools  8 

Exchange    Price    155 

In   Inter-State    Schools   51 

Filing  Law  for  High  Schools  149 

Uniform  Adoption  Agricultural  High  Schools ,152 

Uniform    Adoption    Common    Schools 156 

TRANSPORTATION  , 31,  57,  69 

TRUSTEES 

Agricultural  High  Schools  22 

Consolidated  and  Common  Schools 

Duties  Generally  53,  90,  92 

Number,  How  Elected,  Qualifications  etc 51 

Organization,  Removal   52 

Vacancies,   How  Filled   52 

Line  Schools 50 

Separate  School  District  (Municipal) 

Duties   54,  58,  117 

How    Chosen    .  57 


206  INDEX 

Separate  District  (Rural)  57,  58 

Sixteenth  Section  Township 178,  179 

State  Normal  College 8 

Transportation  31,  69,  57 

University  and  Colleges 7 

VALIDITY  OF  ALL  SCHOOL  DISTRICTS 68 

VALIDITY  OF  BONDS 36,  40.  84,  111 

VISITING  NURSES  AND  PHYSCAL  INSTRUCTORS 55 

VOCATIONAL  EDUCATION 

Appropriation    107 

General  Provisions  104 

Rehabilitation  of  Cripples  108,  110 


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